Appeal 2007-2133
Application 10/790,502
compositions thereof form gaskets, have adhesive properties and can
encapsulate electrical components.
We further agree with the Examiner that this person would have
reasonably expected to successfully thermally cure the liquid compositions
of Pellegri and Siebert with infrared radiation thermal heating as suggested
by McGinniss, achieving the same or similar results as convection heating.
We still further agree with the Examiner that this person would have
reasonably expected to successfully apply the liquid compositions of Pellegri
and Siebert with screen printing as suggested by Canfield, because Pellegri
disclose applying the liquid compositions by various means including
brushing and pouring, and Siebert discloses the liquid compositions that can
be poured and are flowable.
Accordingly, we determine that one of ordinary skill in the art
routinely following the combined teachings of the references would
reasonably have arrived at the claimed processes and products encompassed
by claims 25, 27, 29, 32, 33, 36, and 37 without recourse to Appellants’
Specification. See, e.g., KSR Int’l Co. v. Teleflex, Inc., 127 S. Ct. 1727,
1739, 82 USPQ2d 1385, 1395 (2007) (a patent claiming a combination of
elements known in the prior art is obvious if the improvement is no more
than the predictable use of the prior art elements according to their
established functions); In re Kahn, 441 F.3d 977, 985-88, 78 USPQ2d 1329,
1334-337 (Fed. Cir. 2006); In re Dow Chem. Co., 837 F.2d 469, 473,
5 USPQ2d 1529, 1531 (Fed. Cir. 1988);5 In re Keller, 642 F.2d 413, 425,
208 USPQ 871, 881 (CCPA 1981);6 see also In re O’Farrell, 853 F.2d 894,
5 The consistent criterion for determination of obviousness is
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