Appeal No. 1996-3365
Application 08/258,357
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900,
902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). "Obviousness may not be
established using hindsight or in view of the teachings or
suggestions of the inventor." Para-Ordnance Mfg. v. SGS
Importers Int’l, 73 F.3d at 1087, 37 USPQ2d at 1239, citing W.
L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d at 1551,
1553, 220 USPQ at 311, 312-13.
Since there is no evidence in the record that the
prior art taught or suggested the claimed structure, we will
not sustain the Examiner’s rejection of claim 1 and likewise
claim 3 which is dependent therefrom and contains the same
limitations.
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