Appeal No. 1999-1765 Page 23
Application No. 08/839,193
In the final analysis, it appears to us that the
teachings of the prior art relied upon by the examiner (i.e.,
Jabsen, Jabsen and Nylund, and Jabsen and Meier) as suggesting
the subject matter of independent claims 1 and 12 are only
sufficient when modified or combined with impermissible
hindsight.
Our reviewing court has said:
To imbue one of ordinary skill in the art with
knowledge of the invention in suit, when no prior
art reference or references of record convey or
suggest that knowledge, is to fall victim to the
insidious effect of a hindsight syndrome wherein
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