Ex parte SWARTZ et al. - Page 11




          Appeal No. 1998-2467                                      Page 11           
          Application No. 08/353,682                                                  


          to interconnect the battery pack and the handle stub 18.                    
          Thus, the connection between the battery pack and the handle                
          stub of Riley does not occur by movement only in the direction              
          of the axis of the handle.  In addition, we find that in                    
          Riley, the handle end which connects to the battery casing is               
          closed (base surface 20) and the inside of the handle is not                
          accessible.  We agree with the examiner that it would have                  
          been obvious to have provided the scanner handle with both a                
          battery as taught by Shepard, and a circuit board having                    
          decoder electronics as taught by Eastman.  In addition, we                  
          agree with the examiner that both electrical pin and socket                 
          connections and latching mechanisms that move only in an axial              
          direction are,                                                              
          per se, old and well known.  However, it is not enough that                 
          individual elements of an invention are old and well known in               
          the art.  There must be some teaching or suggestion in the                  
          prior art that would have led an artisan to arrive at the                   
          claimed invention.  It is impermissible to simply engage in a               
          hindsight reconstruction of the claimed invention, using                    
          appellants' structure as a template and selecting elements                  
          from the prior art to fill the gaps.  We find no suggestion in              







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