Appeal No. 1998-2242
Application No. 08/430,937
rejections. In our view, there is no suggestion or motivation
for combining the references of the applied prior art. In
fact, it is only by picking and choosing features from all the
prior art that the examiner can arrive at the claimed
invention. In our view, this picking and choosing is clearly
based on impermissible hindsight analysis of the claimed
subject matter. Therefore, the obviousness rejections are not
sustained.
SUMMARY
The rejection of claim 4 under 35 U.S.C. § 112 is
affirmed. The rejection of claims 3, 10, 12, 13, 15 and 16
under 35 U.S.C. § 102 has been sustained.
The rejection of claims 4, 5, 6, 14, 17 and 18 under 35
U.S.C. § 102 has not been sustained.
Finally, the rejections of claims 3 through 6, 10 and 12
through 18 under 35 U.S.C. § 103 have not been sustained.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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