Appeal No. 99-0201
Application No. 08/696,283
hindsight afforded one who first viewed the appellant’s
disclosure. This, of course, is improper. See In re Fritch,
972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).
In view of the above, it is our conclusion that the
teachings of the two applied references fail to establish a
prima facie case of obviousness with regard to the subject
matter of either of the independent claims. This being the
case, the rejection of independent claims 1 and 9 and, it
follows, of those claims depending therefrom, cannot be
sustained.
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