Appeal No. 1997-4250
Application No. 08/405,366
examiner, that is, to slant the support surfaces downwardly.
From our perspective, the only suggestion for doing so is
found in the hindsight accorded one who first viewed the
appellant’s disclosure, which is not a proper basis for a
rejection. See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d
1780, 1784 (Fed. Cir. 1992).
It is our conclusion that the teachings of the applied
references fail to establish a prima facie case of obviousness
with regard to any of the independent claims or, it follows,
of those claims depending therefrom. This being the case, we
will not sustain the rejection.
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