Ex parte STONE - Page 5




          Appeal No. 96-1511                                                          
          Application 08/063,919                                                      



               Having carefully considered the content of the claims on               
          appeal, the scope of the applied prior art and the respective               
          viewpoints advanced by the appellant and the examiner, we shall             
          not sustain any of the examiner’s rejections.                               
               The manner in which the examiner has combined the references           
          applied in support of the various rejections (see pages 3 through           
          9 in the main answer) indicates that the proposed combinations              
          are based on improper hindsight rather than on the teachings,               
          suggestions and inferences of the references themselves.  Thus,             
          the rejections as set forth by the examiner are fundamentally               
          unsound.                                                                    
               More particularly, the examiner justifies the proposed                 
          combinations of Engvall or Frank or Wolsh in view of Andre or               
          Copell (rejections a, b, c, d, f, g, i, j, k and l) by concluding           


          that it would have been obvious to one of ordinary skill in the             
          art to modify the holder devices disclosed in the primary                   
          references by incorporating grooves as in Andre or Copell to                
          provide the holding devices with a more secure retention                    
          capability.  Neither Andre nor Copell, however, teaches or                  
          suggests that the grooves in the devices disclosed therein                  
          provide this capability.                                                    
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