Ex parte NIEBAUER - Page 8




          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             


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