Ex parte SCHMIDT - Page 11




          Appeal No. 98-1183                                        Page 11           
          Application No. 08/352,513                                                  


               First, the appellant argues the deficiencies of each                   
          reference on an individual basis.  However, nonobviousness                  
          cannot be established by attacking the references individually              
          when the rejection is predicated upon a combination of prior                
          art disclosures.  See In re Merck & Co. Inc., 800 F.2d 1091,                
          1097, 231 USPQ 375, 380 (Fed. Cir. 1986).                                   


               Next, the appellant argues that subject matter recited in              
          claim 8 is not suggested by the applied prior art.  We do not               
          agree.  As set forth above, we agree with the examiner that                 
          the teachings of Reynolds would have suggested modifying the                
          trestle of Purves by (1) making the length of the vertical                  
          member adjustable, and (2) providing stop members on the cross              
          members.  The suggestion and motivation for such modifications              
          come from the teachings of Reynolds, not impermissible                      
          hindsight.  In that regard, Reynolds clearly teaches that (1)               
          the length of his vertical member is adjustable to raise or                 
          lower the height of his cross members, and (2) stop members                 
          are provided on the cross members to prevent lateral movement               
          of the board or panel supported by the cross members.                       









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