Appeal No. 97-2807
Application 08/233,216
thrust of the disclosure in Sarver is to a "new skiing technique"
(col. 3, line 19, et seq.) and to a specially designed ski,
having a flexible forward shovel section and a less flexible
after section, specifically configured for use in practicing that
new skiing technique.
Given the wide disparity in the types of skis disclosed in
Johnston and Sarver, and the clear differences in the manner in
which such skis are intended to be used, we share appellant's
view that Johnston and Sarver are not properly combinable in the
manner urged by the examiner. In our opinion, the only possible
reason that one of ordinary skill in the art would have con-
sidered the combination as proposed 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, we consider that, absent the
disclosure of the present application, one of ordinary skill in
the art would not have been motivated to modify the long
instructional ski of Johnston in view of the teachings associated
with the short specialized ski of Sarver. For this reason, the
examiner's rejection of appellant's claim 26 under 35 U.S.C.
§ 103 will not be sustained.
4
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007