Appeal No. 96-1633
Application 08/119,245
Wohl with a pre-applied resilient member.
As to independent article claim 1, the examiner further
relies on Bouchey for its teaching of using a release
substrate on a window seal. According to the examiner, the
basic combination of Wohl and Zahn teaches essentially all
that is claimed in claim 1, with the exception of a release
substrate removably adhered to the tacky sealing composition
70. With respect to this deficiency of the basic combination,
the examiner further posits:
Although Zahn does not specifically disclose the use
of a release substrate, some covering would be
necessary for shipping and handling since the tacky
sealing composition is pre-applied to the resilient
member. Also, Bouchey discloses that it is known to
use a release substrate on a window seal. It would
have been obvious to include a release substrate,
since it is necessary with the Zahn seal, and since
Bouchey discloses that it is desirable to keep the
seal clean. [answer, page 4]
We will not sustain these rejections.
Our court of review has repeatedly cautioned against
employing hindsight by using appellants’ disclosure as a
blueprint to reconstruct the claimed invention out of isolated
teachings of the prior art. See, e.g., Grain Processing Corp.
v. American-Maize Products Co., 840 F.2d 902, 907, 5 USPQ2d
-4-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007