Appeal No. 95-4134
Application 08/099,090
references that are each then combined with Ciarcia. Like
appellant, we are of the view that Garnier, Woodriff and
Loudon are not properly combinable with Ciarcia in the manner
urged by the examiner. In our opinion, the only possible
reason that one of ordinary skill in the art would have
considered the combination of Garnier, Woodriff or Loudon with
Ciarcia as posited by the examiner is based on hindsight
derived from appellant's own disclosure and not from any
teachings or suggestions found in the applied references
themselves. Like appellant (brief, pages 13-20),
absent the disclosure of the present application, we do not
consider that one of ordinary skill in the art would have been
motivated to modify the combined checkbook wallet and
electronic calculator of Garnier, the computer disk housing
device of Woodriff, or the binder of Loudon so as to provide
these separate and distinct items with a horizontally hinged
tongue positioned and related to a vertically-oriented hinged
holder means therein in the manner required in appellant's
claims on appeal, based on the teachings of Ciarcia. For this
reason, the examiner's rejections under 35 U.S.C. § 103
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007