Appeal No. 2001-0327
Application 08/990,295
mentioned in the communication mailed to appellants on March
24, 2000 (Paper No. 19), which patents have not been applied
by the examiner in a rejection, are not before us on appeal
and, in any event, clearly do not establish a general
relationship between durometer hardness and static coefficient
of friction like that the examiner has improperly fabricated
therefrom.
As for the examiner’s attempted combination of the
variable friction coefficient feature (col. 11, lines 1-6) of
Nakagawa with the entirely structurally and functionally dif-
ferent frictional members in Lo, and the alteration of the
mounting arrangement for the friction members of Lo to include
an adjustment knob as set forth in appellants’ claim 18 on
appeal, we view both of these modifications of Lo to be based
entirely on impermissible hindsight derived from appellants'
own teachings and, thus, to be classic cases of hindsight
reconstruction.
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