Appeal No. 96-2103
Application 08/194,515
soluble copper compounds used as thermal stabilizers for polyamides are
benefited by further addition of alkali metal halide and a phosphorus compound
which Kelmchuk relates can be a hypophosphite salt. Watanabe relates that
soluble copper compounds which are thermal stabilizers for polyamides are more
improved in their coloring by utilizing inorganic sulfur compounds which are devoid
of sulfate ions as Hackh’s Chemical Dictionary is shown to typify metal salts of
dithionic acid [Answer, p. 5, para. 1].
We find this position untenable. At best, we find that the examiner has related the
teachings of the references to each other, but she has failed to indicate why, in view of
these teachings, it would have been obvious to one of ordinary skill in the art to arrive at
the claimed invention. The examiner has overlooked the fact that it is the references which
must suggest (i) the combination of an aliphatic or aromatic polyamide with one of the
copper stabilizers recited in the claims and a reducing agent selected from the group
consisting of hypophosphite salts and salts of dithionic acids, and (ii) a method of making
a polyamide molding composition using the claimed elements. That is, the combined
teachings of the references must suggest the claimed composition and method of making
the same. Here, however, we find that the examiner’s statements indicate that these
suggestions are only in the appellants’ disclosure. Accordingly, we find that the examiner
has relied on impermissible hindsight in making her determination of obviousness. In re
Fritch, supra; Interconnect Planning Corp. v. Feil, 774 F.2d 1132, 1138, 227 USPQ
543, 547 (Fed. Cir. 1985) (“It is impermissible to engage in hindsight reconstruction of the
claimed invention, using the applicant’s structure as a template and selecting elements
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