Ex parte KOGAI et al. - Page 6




          Appeal No. 1998-0253                                                        
          Application No. 08/261,252                                                  


          methods recited in independent claims 4, 8 and 11 stems from                
          improper hindsight.  The examiner’s contention that the                     
          requisite suggestion flows from a general desire to improve                 
          efficiency (see pages 5 and 6 in the main answer) is not                    
          sufficient in the present case.  Moreover, even if made, the                
          proposed combination would still fail to address the tool                   
          loading and changing limitations in claim 4 and the specific                
          robot locating/positioning limitations in claims 8 and 11.                  
          There is simply no factual basis in the proposed combination                
          which supports the examiner’s bald conclusion that a method                 
          embodying these features would have been obvious.                           
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103 rejection of claims 4, 8 and 11, or of claims 5, 6, 9                 
          and 12 which depend therefrom, as being unpatentable over the               
          admitted prior art in view of Hamada.                                       
               As for the second rejection, the Japanese reference                    
          discloses a working vehicle designed to ease the task of an                 
          automobile assembly line worker.  The vehicle 1 includes a                  
          space 1a for a worker, a shelf 2 for tools, a shelf 3 for                   
          component parts, wheels 5, 6 for moving on rails 7 on a                     


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