Appeal No. 1998-0236
Application No. 08/472,536
Bianco’s bed with tabs for removably mounting the side rails
on Bianco’s corner support posts.
Furthermore, contrary to the examiner’s findings, the
bed’s adjacent bottom wall panels in Nelson’s Figure 10 do not
define a joint located over one of the stringers 18U as
required in claim 1. Instead, Nelson’s stringers 18U lie
between
the adjacent bottom wall panels so that the panels are spaced
from each other by the stringers and thus do not define joints
in the usual sense.
With further regard to claim 1, we are of the viewpoint
that the only way the Bridge and Vivoli references could be
combined to arrive at the claimed post construction is through
hindsight based on appellant’s disclosure. Hindsight
analysis, however, is clearly improper. In re Deminski, 796
F.2d 436, 443, 230 USPQ 313, 316 (Fed. Cir. 1986).
For the foregoing reasons alone, we cannot sustain the
examiner’s rejections of claims 1 and 24 and of claims 25, 26,
28 and 29 which depend from claim 24.
We also will not sustain the rejections of claims 4 and
9. As stated supra, the only way the Bridge and Vivoli
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