Appeal No. 99-0047
Application 08/574,792
there is nothing in the combined teachings of the applied
references which would have suggested these combinations.
Indeed, since the proposed modifications of Kobayashi and
Yasuhara would undermine their stated objectives of monitoring
handrail speed, it would be fair to say that the combined
teachings of the references would have discouraged such
modifications. The only suggestion for combining the applied
references so as to arrive at the subject matter recited in
independent claims 1, 8 and 10 stems from hindsight knowledge
impermissibly derived from the appellants’ disclosure.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claims 1, 8 and 10, or of claims 2
through 7, 9 and 11 through 13 which depend therefrom.
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