Ex parte ARGENT - Page 10




          Appeal No. 97-3345                                                          
          Application 08/332,936                                                      



          would have logically commended themselves to one facing the                 
          afore- mentioned problems.  See In re Clay, 966 F.2d 656, 659,              
          23 USPQ2d 1058, 1061 (Fed. Cir. 1992).  It is additionally                  
          appellant’s position (brief, page 17) that the references do                
          not provide suggestion for their combination but have been                  
          combined using impermissible hindsight.  We disagree.  As set               
          forth, supra,    we have determined that the applied teachings              
          provide ample suggestion for their combination.  Further, the               
          present rejection is not inappropriate as being based upon                  
          impermissible hindsight since, as revealed above, it is                     
          properly founded only upon knowledge which was within the                   
          level of ordinary skill at the                                              


          time the claimed invention was made.  Thus, the rejection of                
          claim 14 is sound.  Relative to appellant’s comments regarding              
          claim 33 (brief, pages 17 through 19), we refer to our dis-                 
          cussion, supra, wherein we concluded that the subject matter                
          of this claim would have been suggested by the evidence of                  
          obviousness.                                                                



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