Appeal No. 97-0593 Application 08/365,906 impermis-sible hindsight derived from appellant's own teachings and not from the prior art references themselves as the teachings thereof would have been understood by one of ordinary skill in the art at the time of appellant's invention. Like appellant, we view the examiner's position regarding the combination of Stashko and Warren as being an improper "obvious to try" approach. Having also reviewed the patents to Holma and Romagnolo applied by the examiner against certain of the dependent claims on appeal, we find nothing therein which would overcome or provide for the deficiencies noted above in the teachings or suggestions of the basic combination of Stashko and Warren. Lacking any reasonable teachings in the prior art itself which would appear to have fairly suggested the claimed subject matter as a whole to a person of ordinary skill in the art, or any viable line of reasoning as to why such artisan would have otherwise found the claimed subject matter to have been obvious in light of the teachings of the applied references, we 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007