In Re Richard K. Johnson and John W. Algeo, 867 F.2d 615 (Fed. Cir. 1989)

Annotate this Case
US Court of Appeals for the Federal Circuit - 867 F.2d 615 (Fed. Cir. 1989) Jan. 13, 1989

Before RICH, NIES and BISSELL, Circuit Judges.

RICH, Circuit Judge.


DECISION

The decision of the Board of Patent Appeals and Interferences (board) sustaining the rejection of claims 1-13 under 35 USC 103 is affirmed.

OPINION

After carefully considering the record and each of the appellant's arguments, we affirm on the basis of the board's opinion. Although we agree with the board that the claimed invention would have been obvious to a person having ordinary skill in the art, we conclude that the examiner's analysis of inherency, approved by the board, is unnecessary in resolving this appeal.