Ex parte ITO et al. - Page 9




          Appeal No. 95-4853                                         Page 9           
          Application No. 08/019,335                                                  


          cert. denied, 389 U.S. 1057 (1968).  Our reviewing court has                
          repeatedly cautioned against employing hindsight by using the               
          appellants' disclosure as a blueprint to reconstruct the                    
          claimed invention from the isolated teachings of the prior art.             
          See, e.g., Grain Processing Corp. v. American Maize-Products                
          Co., 840 F.2d 902, 907, 5 USPQ2d 1788, 1792 (Fed. Cir. 1988).               
               We disagree with the examiner's conclusion of obviousness              
          of the claimed method, based on the combined teachings of Masui             
          and Suzuki as the evidence relied upon.  From our perspective,              
          this rejection appears to be premised on unsanctioned hindsight             
          reasoning.                                                                  














               Accordingly, the decision of the examiner to reject claims             









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007