Appeal No. 95-2979
Application No. 08/093,571
“reduce manufacturing costs by having the disk guide means
affixed to the front panel” and the “disk guide means could
then be formed of the same material as the interior of the
front panel.” With regard to Bleiman, even though the
examiner admits that Bleiman does not show a disc guide
surface for use with an escutcheon-lens assembly for a disc
player, the examiner reasons that it would have been obvious
to apply the teachings of Bleiman to an escutcheon-lens
assembly for a CD-player adapted for mounting in a vehicle
“in order to facilitate correctly inserting a compact disk
into a CD player, thereby minimizing the chance of damaging
the compact disk (CD)” [page 7 of the answer].
In our view, the examiner’s rationale for the
obviousness of providing for a guide means affixed to the
escutcheon-lens construction is borne of impermissible
hindsight gleaned from appellants’ own disclosure. First,
there is no evidence that providing for the claimed guide
means would, in any way, “reduce manufacturing costs,” as
alleged by the examiner. Second, without reference to the
instant disclosure, the examiner has provided no evidence or
reasonable basis for concluding that the artisan would have
been led to form the guide means of the “same material as
the interior of the front panel.” Finally, we find no
suggestion in the prior art for providing for the claimed
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Last modified: November 3, 2007