Appeal No. 1998-0621
Application No. 08/323,288
Importers Int’l, 73 F.3d at 1087, 37 USPQ2d at 1239, citing W.
L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d at 1551,
1553, 220 USPQ at 311, 312-13.
As pointed out above, the record is devoid of any reason
to combine the references other than Appellants’ disclosure.
Such hindsight use of Appellants’ disclosure is impermissible.
Since there is no evidence in the record that the prior art
suggested the desirability of such a combination, we will not
sustain the Examiner’s rejection of claim 1.
The remaining claims on appeal also contain the above
limitations discussed in regard to claim 1 and thereby, we
will not sustain the rejection as to these claims.
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