Appeal No. 97-4241
Application No. 08/183,066
Balicki has been applied by the examiner for its
disclosure of clamps (5) that grip the edges of a beach
blanket to keep it from blowing away. Only claim 1 requires
such structure, but we fail to perceive any teaching or
suggestion which would have led one of ordinary skill in the
art to utilize such a clamp on the edges of the canopies of
the British reference and Cannon, in view of the fact that
neither requires such a releasable attachment means.
From our perspective, the only suggestion to combine the
teachings of the references in the manner proposed by the
examiner is found in the hindsight accorded one who first
viewed the appellant’s disclosure. This, of course, is an
improper basis for a rejection. See In re Fritch, 972 F.2d
1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).
For the reasons set forth above, it is our conclusion
that the teachings of the three references cited against the
appellant’s independent claims fail to establish a prima facie
case of obviousness with regard to the subject matter recited
therein. Moreover, the deficiencies present in these
references are not overcome by taking into consideration the
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