Appeal No. 1998-2700
Application No. 08/722,452
view that in searching for an incentive for modifying the
power saw of Briskin, the examiner has impermissibly drawn
from appellant’s own teachings and fallen victim to what our
reviewing Court has called "the insidious effect of a
hindsight syndrome wherein that which only the inventor has
taught is used against its teacher." W. L. Gore & Associates,
Inc. v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 313
(Fed. Cir. 1983). Since we have determined that the
examiner's conclusion of obviousness is based on a hindsight
reconstruction using appellant’s own disclosure as a blueprint
to
arrive at the claimed subject matter, it follows that we will
not
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