Ex parte SITTER et al. - Page 8




          Appeal No. 1999-0346                                       Page 8           
          Application No. 08/760,683                                                  


          second radial direction offset one hundred and eighty degrees               
          from the first radial direction, Damon also teaches and                     
          suggests that the sleeve and the jacket are not substantially               
          coaxial when the bushing is substantially unloaded                          


               In our view, the only suggestion for modifying Ulderup in              
          the manner proposed by the examiner to meet the above-noted                 
          limitations stems 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).  It follows that we cannot sustain the                     
          examiner's rejections of claims 1 through 10.                               

















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