Ex parte HALLSTEDT et al. - Page 6




          Appeal No. 1998-2921                                       Page 6           
          Application No. 08/511,451                                                  


               We agree with the appellants that the applied prior art                
          does not suggest the claimed invention.  Moreover, it appears               
          to us that even if the applied prior art were modified in the               
          manner set forth by the examiner (answer, pp. 3-4), it would                
          not result in the claimed invention.  In that regard, the                   
          applied prior art does not teach or suggest attaching one of                
          the second elements to a binding surface at a first location                
          on one of the first annular elements so as to form a first                  
          sealing ring of a first configuration and attaching another                 
          second annular element to a binding surface at a second                     
          location on another first annular element so as to form a                   
          second sealing ring of a second configuration different than                
          the first configuration.                                                    


               In our view, the only suggestion for modifying the                     
          applied prior art to arrive at the claimed invention stems                  
          from hindsight knowledge derived from the appellants' own                   
          disclosure.  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 Assocs., Inc.              









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