Appeal No. 1999-1524 Page 8
Application No. 08/938,051
teaching or suggestion therein of connecting pallets together
with a clasp and catch as recited in claim 15. In that
regard, while van den Bergh does teach in Figures 24 and 25
magnetically coupling tray units together, van den Bergh does
not teach or suggest using a clasp and catch arrangement as
set forth in claim 15. In our view, the only suggestion for
modifying Linden in the manner proposed by the examiner to
meet the limitations of claim 15 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 the
decision of the examiner to reject claim 15 under 35 U.S.C.
§ 103 is reversed.
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