Appeal 2007-2193
Application 10/816,369
Generally, it would have been obvious to make integral that which
was separate before, absent a showing that the claimed integration yields
unexpected results. In re Kohno, 391 F.2d 959, 960, 157 USPQ 275, 276-77
(CCPA 1968), citing In re Fridolph, 309 F.2d 509, 513, 135 USPQ 319, 322
(CCPA 1962). The integration of parts must involve more than mere
mechanical skill. Id.
The Examiner has established that it would have been obvious to
make Kuwahara’s disclosed partition 8, annular spout 9, and dust filter 37 a
single integral structure because such involves mere mechanical skill and no
unexpected results have been shown by Appellants. Kohno, 391 F.2d at 960,
157 USPQ at 276-77.
We add that Kuwahara discloses that the dust filter 37 is “formed at
the center of the said partition 8” (Kuwahara, col. 2, ll. 23-26). This
disclosure indicates that the rib-like structure of dust filter 37 is formed as
part of the partition (i.e., integrally formed with the partition). Thus,
Kuwahara’s disclosure reinforces the Examiner’s prima facie case of
obviousness.
Accordingly, we affirm the Examiner’s § 103(a) rejection of argued
dependent claim 15 over Kuwahara in view of Yip.
DECISION
The Examiner’s rejection of claims 1, 2, 4-7, 9, and 11 under
35 U.S.C. § 102(b) as being unpatentable over Kuwahara is AFFIRMED.
The Examiner’s rejection of claims 3 and 13-22 under 35 U.S.C.
§103(a) as being unpatentable over Kuwahara in view of Yip is
AFFIRMED.
13
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013