Ex parte SIMMONS et al. - Page 10




          Appeal No. 1999-2132                                      Page 10           
          Application No. 08/672,856                                                  


          lower rollers 22 and 27 so as to accommodate a cushioning pad               
          therebetween.  Further, we have carefully considered the                    
          complete disclosure contained in the Mistyurik reference, but               
          are unable to discern any teaching or suggestion from                       
          Mistyurik that the reliability of a work piece conveying                    
          device can be improved by transferring the work pieces by                   
          friction.                                                                   


               It is well settled that the teachings of the prior art                 
          taken as a whole which must provide the motivation or                       
          suggestion to combine the references.  See Uniroyal, Inc. v.                
          Rudkin-Wiley Corp., 837 F.2d 1044, 1051, 5 USPQ2d 1434, 1438                
          (Fed. Cir.), cert. denied, 488 U.S. 825 (1988) and                          
          Interconnect Planning Corp. v. Feil, 774 F.2d 1132, 1143, 227               
          USPQ 543, 550-51 (Fed. Cir. 1985).  The only suggestion for                 
          combining the diverse systems of the references in the manner               
          proposed by the examiner stems from hindsight knowledge                     
          derived solely from the appellants’ disclosure.  The use of                 
          hindsight knowledge to support a conclusion of obviousness is,              
          of course, impermissible.  Therefore, we will not sustain the               
          standing 35 U.S.C. § 103 rejection of claims 1 through 13, 20               







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