Ex parte PARKER et al. - Page 5




          Appeal No. 96-2393                                                          
          Application 08/147,961                                                      



          matter.  Absent appellants' disclosure, we see no reasonable                
          teaching or suggestion in the references themselves which                   
          would have fairly led one of ordinary skill in the art to (a)               
          use the light emitting fabric of Daniel as a small information              
          or display card similar to the card (30) in Lin, and (b) to so              
          size the light emitting fabric of Daniel and its light source               
          (17) that they would be able to fit into the small pocket on                
          the shoe of Lin.  Since we have determined that the examiner's              
          conclusion of obviousness is based on a hindsight reconstruc-               
          tion using appellants' own disclosure as a blueprint to arrive              
          at the claimed subject matter, it follows that we will not                  
          sustain the examiner's rejection of independent claims 63 and               
          78 under 35 U.S.C. § 103, or that of claims 64 through 66, 68,              
          69, 74 through 77 and 79 through 81 which depend therefrom.                 


                    Our review of Powell, relied upon by the examiner in              
          rejecting dependent claims 67 and 70 through 73 under 35                    
          U.S.C.   § 103, has revealed nothing which would supply the                 
          missing teaching and/or suggestion lacking in the basic combi-              
          nation of Lin, Daniel and Rodgers as noted above.  Accord-                  

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