Ex parte KALISIAK et al. - Page 5




          Appeal No. 1997-0233                                       Page 5           
          Application No. 08/266,558                                                  


          35 U.S.C. § 103, the decision maker must bring judgment to                  
          bear.  It is impermissible, however, simply to engage in a                  
          hindsight reconstruction of the claimed invention, using the                
          appellants' structure as a template and selecting elements                  
          from references to fill the gaps.  The references themselves                
          must provide some teaching whereby the appellants' combination              
          would have been obvious.  In re Gorman, 933 F.2d 982, 986, 18               
          USPQ2d 1885, 1888 (Fed. Cir. 1991) (citations omitted).  That               
          is, something in the prior art as a whole must suggest the                  
          desirability, and thus the obviousness, of making the                       
          combination.  See In re Beattie, 974 F.2d 1309, 1312, 24                    
          USPQ2d 1040, 1042 (Fed. Cir. 1992); Lindemann Maschinenfabrik               
          GmbH v. American Hoist and Derrick Co., 730 F.2d 1452, 1462,                
          221 USPQ 481, 488 (Fed. Cir. 1984).                                         




               Eweryd's invention relates to a machine for sealing                    
          material in sheets, which have been pre-coated with beads of                
          glue affected by heat, preferably electronically printed toner              
          beads, the beads coming into engagement with each other after               
          folding the sheet into such as the configuration of an                      







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