Thursday, January 03, 2013

KSR cited in Ex parte Gomoll

Ex parte Gomoll cites KSR and sustains an obviousness determination.

Within the decision:

Appellants have not adequately explained why the Examiner’s reasoning of “improv[ing] heat insulating effects in the edge region of the door” lacks rational underpinning. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (holding that “rejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.”).
Accordingly, we sustain the rejection of claims 14-22 and 24 under 35 U.S.C. § 103(a).

Of ordinary meaning:

Therefore, in determining the ordinary and customary meaning of the word “between” as viewed by a person of ordinary skill in the art, it is appropriate to consult a general dictionary definition of the word “between” for guidance. Comaper Corp. v. Antec, Inc., 596 F.3d 1343, 1348 (Fed. Cir. 2010). The ordinary meaning of “between” includes: “in the time, space, or interval that separates” and “from one to another of.” MERRIAM-WEBSTER DICTIONARY, found at (last visited December 20, 2012).


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