Ex parte FREELANDER - Page 7




          Appeal No. 1998-2851                                       Page 7           
          Application No. 08/756,901                                                  


          does teach the use of support ribs 124, 126 to maintain the                 
          socket of a "mini-light" in substantially perpendicular                     
          alignment to a base member 106, it is our opinion that Gary                 
          would not have provided any suggestion or motivation to one of              
          ordinary skill in the art at the time the invention was made                
          to have modified either Williams struck-up fingers 23 or                    
          Hickey's rim 14 to have included circumferentially spaced                   
          ridges.                                                                     


               In our view, the only suggestion for modifying Hickey                  
          and/or Williams in the manner proposed by the examiner to meet              
          the above-noted limitations stems from hindsight knowledge                  
          derived from the appellant's own disclosure and not the                     
          applied prior art.  The use of such hindsight knowledge to                  
          support an obviousness rejection under 35 U.S.C. § 103 is, of               
          course, impermissible.  See, for example, W. L. Gore and                    
          Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1553, 220                 
          USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851               
          (1984).  It follows that we cannot sustain the examiner's                   
          rejections of claims 10, 12 and 16.                                         









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