Ex parte WISNIEWSKI - Page 6




          Appeal No. 97-2224                                                          
          Application 08/510,613                                                      


          examiner’s position, however, is that Conrad’s hook supporting              
          brackets have little, if any, practical pertinence to Twork’s               
          filter holding bracket.  Indeed and contrary to the examiner’s              
          reasoning, the Twork bracket would appear to more securely                  
          retain its filter than the Conrad bracket retains its hook.                 
          Moreover, the proposed modification of the Twork bracket in                 
          view of Conrad runs directly counter to Twork’s objective of                
          providing a fuel filter bracket which can be utilized without               
          the need for any tools or special equipment.  In this light,                
          we are constrained to conclude that the only suggestion for                 
          combining Twork and Conrad in the manner advanced by the                    
          examiner stems from hindsight knowledge derived from the                    
          appellant’s own disclosure.  The use of such hindsight                      
          knowledge to support a conclusion of obviousness is, of                     
          course, impermissible.  Since the other applied references do               
          not overcome this flaw in the basic Twork-Conrad combination,               
          we shall not sustain any of the examiner’s 35 U.S.C. § 103                  
          rejections.                                                                 
               The decision of the examiner is reversed.                              


                                      REVERSED                                        
                                          -6-                                         





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007