Application of David M. Griver

The issue here seems to me to be whether the subject matter sought to be patented is obvious under the conditions stated in 35 U.S.C. § 103. I do not believe the majority opinion decides this issue according to the prescribed statutory tests. Rather, it seems to me the majority opinion is based on the visual similarities between Fig. 1 of the appealed application and Fig. 2 of the British reference patent. Such a comparison seems to me to ignore the requirement of section 103 that the decision as to obviousness must be based on “the subject matter as a whole.”

While purporting to decide that…