Ex parte TUCKER - Page 6




          Appeal No. 98-1048                                                          
          Application 08/516,245                                                      


          connection between the head  and body of the doll seemingly                 
          would have led the artisan away from the proposed                           
          modification.  We therefore conclude that the examiner has                  
          engaged in an impermissible hindsight reconstruction of the                 
          invention set forth in claims 1 and 4 by using these claims as              
          a blueprint to selectively pick and choose from among isolated              
          features in the prior art.                                                  
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103 rejection of claims 1 and 4, or of claims 2, 3 and 5                  
          through 8 which depend therefrom, as being unpatentable over                
          Rovex in view of Takara.                                                    


















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