Ex parte WIRZ - Page 8




          Appeal No. 96-2850                                                          
          Application 08/015,400                                                      


          blanket underlay 13, which is disposed between an outer rubber              
          blanket 30 and the periphery of the oscillating blanket                     
          cylinder, in regions where the blanket cylinder exhibits                    
          reduced printing pressure to make the printing pressure more                
          uniform. Such a teaching would not have suggested the                       
          examiner’s proposed modification of Wirz’ foil 1 for solving a              
          problem not recognized or addressed by either of the applied                
          references. If anything, Kobler suggests the concept of                     
          providing one of Wirz’ blanket cylinders 13, 16 with an                     
          underlay having increased thickness in certain regions to                   
          compensate for oscillations of the cylinder. Such a                         
          suggestion, however, would not arrive at the claimed                        
          invention.                                                                  


               In the final analysis, the only way the examiner could                 
          have arrived at his conclusion of obviousness is through                    
          hindsight based on appellant’s teachings. Hindsight analysis,               
          however, is clearly improper. In re Deminski, 796 F.2d 436,                 
          443, 230 USPQ 313, 316 (Fed. Cir. 1986).                                    


               In summary, the appeal as to claim 7 is dismissed, the                 
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