Ex parte MCGRATH - Page 4




          Appeal No. 2000-1613                                                        
          Application No. 09/178,053                                                  


          the rod (col 2, lines 50 to 61; col 4, line 66, to col. 5,                  
          line 23). Since the rod 19 to which the Klingel clamp is                    
          attached is not disclosed as being subject to oscillation                   
          and/or as suspension for a pipe, conduit, or other structure,               
          it is not apparent why one of ordinary skill would have found               
          it obvious from Roth's disclosure to brace the Klingel rod 19               
          by providing the Klingel clamp with a means (such as Roth’s                 
          angle portion 36) for attaching a strut thereto.  Any such                  
          modification of Klingel would be based on impermissible                     
          hindsight gleaned from appellant’s own disclosure, rather than              
          from the teachings of the prior art.                                        


















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