Ex parte WIEDNER - Page 8




          Appeal No. 1998-1240                                                        
          Application 08/198,443                                                      


               Johnson discloses “a sign body [6] bearing original                    
          display matter [18] of a more or less permanent character and               
          a flexible covering [19] bearing new display matter [20] of a               
          special or seasonal import which is adapted to fit upon the                 
          sign body to superpose the new display matter upon the                      
          original display matter” (page 1, column 1, lines 3 through                 
          8).                                                                         
               The examiner has concluded that it would have been                     
          obvious to one of ordinary skill in the art in view of the                  
          teachings of Zaruba, Wetzel and Johnson to “provide Hirsch                  
          with a removable cover carrying indicia and means to removably              
          secure it to the backboard to permit changing the cover and                 
          indicia from time to time” (answer, page 5).  Given the                     
          disparate natures of the Hirsch, Zaruba, Wetzel and Johnson                 
          disclosures, however, it is apparent that the examiner has                  
          engaged in an impermissible hindsight reconstruction of the                 
          appellant’s invention by using the claims as a blueprint to                 
          pick and choose from among isolated disclosures in the prior                
          art, a flaw which is not cured by the additional application                
          of Puste, Anglin, Bardin, Mosgoffian and Henrich.                           


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