Appeal No. 1996-2624
Application No. 08/186,352
F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), cert. denied,
389 U.S. 1057 (1968). Our reviewing court has repeatedly
cautioned against employing hindsight by using the appellant's
disclosure as a blueprint to reconstruct the claimed invention
from the isolated teachings of the prior art. See, e.g.,
Grain Processing Corp. v. American Maize-Products Co., 840
F.2d 902, 907, 5 USPQ2d 1788, 1792 (Fed. Cir. 1988).
Rejection (1)
Independent claim 1 reads:
1. An apparatus for receiving discrete parts
travelling at a first speed and applying said parts
to a substrate web travelling at a second speed,
said apparatus comprising:
a) at least one rotatable transferring means for
receiving and applying said parts, said transferring
means moving along an orbital path that passes
through a receiving zone and an application zone
when said transferring means rotates;
b) driving means for transmitting rotational
energy, said driving means including at least one
rotatable noncircular drive gear; and
c) at least one driven means for accepting said
energy from said driving means including at least
one rotatable noncircular driven gear, said driven
means configured to rotate said transferring means,
wherein said transferring means is configured to
maintain a substantially constant first surface
speed as said parts are received in said receiving
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