Ex parte KOIDO et al. - Page 7




          Appeal No. 1999-2108                                       Page 7           
          Application No. 08/654,371                                                  


          teaching, suggestion or incentive which would have led one of               
          ordinary skill in the art to provide the admitted prior art                 
          method with the changes proposed by the examiner, other than                
          the hindsight accorded one who first viewed the appellants’                 
          disclosure.  This, of course, is an improper basis upon which               
          to base a conclusion of obviousness.  See In re Fritch, 972                 
          F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).  In the             
          final analysis, the combined teachings of the admitted prior                
          art and Teshima fail to establish a prima facie case of                     
          obviousness with regard to the subject matter of any of the                 
          independent claims.                                                         
























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