Appeal No. 96-4039
Application 08/247,306
forms, one of ordinary skill would not find in Andersen’s dis-
closure of crossed webs to form corner pockets any suggestion to
modify the Mason tie by adding vane shelves to create corner
pockets, because the Mason ties are not disclosed as engaging
and/or retaining the corners of the foam panels 14. In other
words, the art furnishes no reason to provide Mason’s tie with
corner pockets. Any such suggestion would have been based upon
impermissible hindsight gleaned from appellants’ disclosure,
rather than upon the knowledge within the level of ordinary skill
in the art at the time the claimed invention was made.
For the foregoing reasons, we will not sustain the
rejection, and any consideration of the rejection as it relates
to Wight and Young is unnecessary.
Conclusion
The examiner’s decision to reject claim 6 is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
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