Appeal No. 96-1604
Application 08/272,906
resistance to the diametrical expansion forces critical to the
manner in which the hogshead of Sproull functions. We recognize
that Sproull discloses that either the walls of the container
or the attachment tapes of the zipper means can be elastic.
However, the fastener (zipper) itself and its connection to the
panel ends must be of sufficient rigidity and strength to
maintain the connection during the stretching of the elastic
portions caused by the diametrical expansion. Nothing in the
disclosure of Hancock indicates that the H-shaped connector is
intended to function, or is even capable of functioning, in a
manner to preclude separation of the panel connection during
diametrical expansion of container walls formed thereby.
As stated in W.L. Gore & Assocs. v. Garlock, Inc., 721 F.2d
1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984),
[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 references in the manner proposed by
the examiner results from a review of appellant's disclosure
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