Ex parte SWARTZ et al. - Page 12




          Appeal No. 1998-2467                                      Page 12           
          Application No. 08/353,682                                                  


          the prior art to provide the circuit board with a pin or                    
          socket connector to connect the circuit board to the                        
          electrical connector at the handle end formed away from the                 
          body of the scanner; connect the casing, which mounts the                   
          electrical connector, to the housing through the use of a                   
          mounting assembly that moves solely in an axial direction, and              
          to provide the handle end with an opening to make the circuit               
          board accessible through the handle end where the handle end                
          connects to the battery pack.  In our view, the only                        
          suggestion for modifying the prior art in the manner proposed               
          by the examiner to meet the above-noted limitations stems from              
          hindsight knowledge derived from appellants' own disclosure.                
          The use of such hindsight knowledge to support an obviousness               
          rejection under 35 U.S.C. § 103 is, of course, impermissible.               
          See, for example, W. L. Gore and Assocs., Inc. v. Garlock,                  
          Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir.                  
          1983), cert. denied, 469 U.S. 851 (1984).  We agree with the                
          examiner that a single connection would be created, but we                  
          find no suggestion for the proposed modifications of the prior              
          art, and no persuasive argument or convincing line of                       
          reasoning has been advanced by the examiner.  It follows that               







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