Appeal No. 98-0059
Application No. 08/540,548
In the final analysis, we fail to perceive any teaching,
suggestion or incentive which would have led one of ordinary
skill in the art to combine the references in such a manner as
to meet the terms of claim 1, other than the hindsight
accorded one who first viewed the appellant’s disclosure.
This, of course, is impermissible as the basis for a
rejection. See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d
1780, 1784 (Fed. Cir. 1992). Such being the case, the
teachings of the references fail to establish a prima facie
case of obviousness with regard to the subject matter recited
in independent claim 1 or, it follows, of any of the other
claims, all of which are dependent from claim 1.
The rejection is not sustained.
The decision of the examiner is reversed.
REVERSED
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007