Ex parte SHIM et al. - Page 7




          Appeal No. 2000-0085                                                          
          Application No. 08/802,582                                                    


          reference has no relation whatsoever to decompression                         
          protection in an aircraft and that there would be no reason                   
          for one skilled in the art to look to the teachings of                        
          Dernbach in developing an aircraft decompression protection                   
          system.  Appellants further argue that the examiner has                       
          provided no specific or inherent motivation for the proposed                  
          combination of the three applied references and that the three                
          applied references could not be combined in an operative                      
          manner consistent with their intended uses, so as to result in                
          appellants’ claimed subject matter.  In this regard,                          
          appellants assert (brief, page 6) that the examiner has                       
          utilized appellants’ own disclosure in the present application                
          as a road map for piecing together unrelated references                       
          without citing any legitimate motivation for the combination                  
          and thereby engaged in an improper hindsight reconstruction of                
          the claimed subject matter.                                                   


          Assuming for argument sake that Dernbach is analogous                         
          prior art because it is reasonably related to the general                     
          problem of over-pressure relief that appellants have                          
          confronted, we nonetheless share appellants’ view that there                  
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