Appeal No. 99-0209
Application No. 08/643,048
would have considered the Bayer liquid injector to be usable
in a gas fuel system.
In view of the above, we fail to perceive any teaching,
suggestion or incentive in either of the references which
would have motivated one of ordinary skill in the art to
modify the Amos system in the manner proposed by the examiner.
From our perspective, the only suggestion for doing so resides
in the luxury of the hindsight afforded one who first viewed
the appellant’s disclosure. This, of course, is not a proper
basis for a conclusion of obviousness. See In re Fritch, 972
F.2d 1260, 23 USPQ2d 1780 (Fed. Cir. 1992).
It is our opinion that the combined teachings of the two
applied references fail to establish a prima facie case of
obviousness with regard to the subject matter recited in the
appellant’s claims.
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