Appeal No. 96-1698
Application No. 07/926,098
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 "Color Them Happy" article and Brown in the
manner proposed by the examiner results from a review of
appellant's disclosure and the application of impermissible
hindsight. Thus, we cannot sustain the examiner's rejections of
appealed claims 1, 4, 6 through 10, 29 through 32, 34 through 38,
40, 41, 54 through 59 and 146 through 149 under 35 U.S.C. § 103.
We have also considered the teachings of Weder applied
by the examiner in the rejection of claims 23 through 28 under
35 U.S.C. § 103, but we find nothing therein to supply the
deficiencies of the combined teachings of the "Color Them Happy"
article and Brown. Thus, we also cannot sustain the examiner's
rejection of claims 23 through 28 on this ground.
Accordingly, the decision of the examiner rejecting
claims 1, 4, 6 through 10, 23 through 32, 34 through 38, 40, 41,
54 through 59 and 146 through 149 under 35 U.S.C. § 103 is
reversed.
REVERSED
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