Ex parte PERRY - Page 10




          Appeal No. 1998-1962                                      Page 10           
          Application No. 08/213,933                                                  


          suggestion to have provided "adhesive means" within the                     
          grooves 40 of plates 8 and 10 since Perry's plates 8 and 10 of              
          the central anchor 2 were designed to permit the cable 44 to                
          be removed therefrom.  Furthermore, we note that Perry's                    
          peripheral anchor 4 which includes the epoxy adhesive material              
          within the hole in the peripheral surface of the disc 54 is                 
          clearly not readable on the claimed invention.                              


               In our view, the only suggestion for modifying Perry in                
          the manner proposed by the examiner to meet the above-noted                 
          limitation stems from hindsight knowledge derived from the                  
          appellant's own disclosure.  The use of such hindsight                      
          knowledge to support an obviousness rejection under 35 U.S.C.               
          § 103 is, of course, impermissible.  See, for example, W. L.                
          Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,                  
          1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469              
          U.S. 851 (1984).  It follows that we cannot sustain the                     
          examiner's rejection of independent claim 1, and claims 2 to 6              
          and 15 to 18 dependent thereon.                                             


          Claim 7                                                                     







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