Appeal No. 1999-0627 Page 13
Application No. 08/688,991
hindsight reconstruction to supply deficiencies in the factual
basis. In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177-
78 (CCPA 1967).
As the examiner has not provided any factual basis for
the position that the claimed cross sectional shapes of the
forward and intermediate sections would have been obvious to
one of ordinary skill in the art to provide mating surfaces to
accommodate a user's hand, it appears that the examiner's
conclusion of obviousness is based on impermissible hindsight
reconstruction.
Accordingly, we cannot sustain the examiner's rejection
of claims 6 and 7.
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