Appeal No. 96-1698
Application No. 07/926,098
154 USPQ 173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057
(1968). Our reviewing court has repeatedly cautioned against
employing hindsight by using the appellant's disclosure as a
blueprint to reconstruct the claimed invention from the isolated
teachings in the prior art. See, e.g., Grain Processing Corp. v.
American Maize-Prods. Co., 840 F.2d 902, 907, 5 USPQ2d 1788, 1792
(Fed. Cir. 1988).
Turning first to the examiner's rejection of claims 1,
4, 6 through 10, 23 through 32, 34 through 38, 40, 41, 54 through
59 and 146 through 149, under § 103 based on the combined
teachings of the "Color Them Happy" article and Brown, we observe
that the "Color Them Happy" article does disclose a decorative
sheet that is applied to articles such as flower pots and which
is affixed thereto by elastic bands (see appellant's Information
Disclosure Statement, Paper No. 6) or ribbons rather than by
adhesive in the manner claimed. Furthermore, Brown (Figures 1
through 4) discloses a wrapper for candy or other articles such
as "fruit and vegetables" (page 2, line 91), which wrapper
envelopes the article and the wrapper is twisted to maintain the
wrapper about the article. The wrapper of Brown includes bands
of self-sealing coating or adhesive 2 in
the zone or zones in which the twist is
to be formed and the material is then
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