Appeal No. 95-3317
Application No. 07/937,522
Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-313
(Fed. Cir. 1983),
[t]o imbue one of ordinary skill in the art with
knowledge of the invention in suit, when no prior
art reference or references of record convey or
suggest that knowledge, is to fall victim to the
insidious effect of a hindsight syndrome wherein
that which only the inventor taught is used against
its teacher.
It is our further opinion that the only reason to combine the
teachings of the patents to Nitzsche and Vohrer in the manner
proposed by the examiner results from a review of appellant's
disclosure and the application of impermissible hindsight.
We find nothing in the disclosure of the reinforced extruded
plastic tubing of Vohrer that would have suggested utilizing
the textile reinforced strip with hot melt adhesive as a
substitute for the self-adhering silicone rubber wrap of
Nitzsche. Moreover, even assuming that one having ordinary
skill in the art would have found it obvious to modify the
process of Nitzsche with the textile reinforced strips having
hot melt adhesive taught by Vohrer, the process ensuing from
such modification would not result in appellant's claimed
invention because it would not include steps (1) through (3)
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