Ex parte ALBERY et al. - Page 7




          Appeal No. 1998-2854                                       Page 7           
          Application No. 08/500,278                                                  


               In applying the above-noted guidance we reach the                      
          conclusion that the claimed phrase "at least sufficient to                  
          maintain peripheral vascular resistance in the body areas of                
          the patient covered by the encircling bladders" means a                     
          pressure of about 25 mm Hg as set forth on page 10, lines 12-               
          18, of the appellants' specification.                                       


               The above-noted limitation is not suggested by the                     
          applied prior art since none of the applied prior art teaches               
          or suggests cycling air pressure between a lower pressure of                
          about 25 mm Hg or higher and a higher pressure.                             


               In our view, the only suggestion for modifying the                     
          applied prior art to meet the above-noted limitation would                  
          stem from hindsight knowledge derived from the appellants' 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).                     









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