Ex parte GUNDERSEN et al. - Page 6




         Appeal No. 1999-1728                                    Page 6          
         Application No. 08/750,041                                              


         appellants' specifically claimed mode for providing power for           
         the mechanisms, i.e. "a connector carried in one of each set            
         of the two vertical posts carrying one of said carrier plates,          
         each of said connectors being connected to a source of the              
         flowing media" as recited in claim 11 on appeal.  We note the           
         examiner's position that one of ordinary skill in the art               
         concerned with including electrically and pneumatically                 
         operated working devices in Hermann's production line, would            
         have found it obvious to include "flowing media" operating              
         means in the framework modules, because "flowing media" is              
         another type of working device operating means, (answer, page           
         6).  While we agree with the examiner that it would have been           
         obvious to one of ordinary skill in the art to substitute one           
         type of power for another, such substitution would not have             
         suggested or taught the appellants' claimed connector                   
         arrangement.  Without some teaching or suggestion of the                
         appellants' claimed connector arrangement in the prior art,             
         the rejection would appear to rely only on impermissible                
         hindsight.  In summary, the examiner has not provided, and we           
         do not find, any evidence of the specific connector                     
         arrangement as recited in claim 11 in the prior art, and we             







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