Appeal 2007-2916 Application 10/225,502 relevant to a determination of obviousness include (1) the scope and content of the prior art, (2) any differences between the claimed invention and the prior art, (3) the level of ordinary skill in the art and (4) relevant objective evidence of obviousness or non-obviousness. KSR, 127 S.Ct. at 1734, 82 USPQ2d at 1389; Graham, 383 U.S. at 17-18. A person having ordinary skill in the art uses known elements and process steps for their intended purpose. Anderson's-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 90 S.Ct. 305 (1969); Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 96 S.Ct. 1532, 1537 (1976); Dunbar v. Myers, 4 Otto (94 U.S.) 187, 195 (1876). Furthermore, to render an invention obvious, the prior art does not have to address the same problem addressed by a patent applicant. KSR, 127 S.Ct. at 1741-42, 82 USPQ2d at 1397; In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990) (en banc); In re Kemps, 97 F.3d 1427, 1430, 40 USPQ2d 1309, 1311 (Fed. Cir. 1996) ("[a]lthough the motivation to combine here differs from that of the applicant, the motivation in the prior art to combine the references does not have to be identical to that of the applicant to establish obviousness." citing In re Dillon). A. Rejection based on McCullough and Kawasaki Claims 1-3 and 10-12 stand rejected under § 103(a) as obvious over McCullough in view of Kawasaki (Answer 5). McCullough discloses a moldable composition having a thermal activity of about 22 W/moK and comprising (i) 30-60 vol. % of a liquid crystal polymer matrix, (ii) 25-60 vol. % of a relatively high aspect ratio filler, e.g., alumina, and (iii) 10-25 vol. % of a relatively low aspect ratio filler, e.g., boron nitride (FF 10). The claim compositions require, in relevant part, (a) the volumes of alumina and boron nitride to be 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013