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- 5Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007