Appeal No. 95-3510
Application No. 08/032,405
[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 conclusion that the only reason to combine the
teachings of the applied prior art references in the manner
proposed by the examiner results from a review of the appellants'
disclosure and the application of impermissible hindsight.
For the reasons set forth above, we cannot sustain the
examiner's rejections of independent claims 1, 31 and 47, or of
claims 2 through 29, 32 through 45 and 48 through 51 dependent
thereon , under 35 U.S.C. § 103.2
2We have also reviewed the Keen, Broecker, McCoy, Huang,
Bullard III and Pagani references additionally applied in the
rejections of dependent claims 9, 10, 12 through 28, 37, 38, 43
and 44 but find nothing therein which makes up for the
deficiencies discussed above regarding claims 1, 31 and 47.
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