Ex parte GILDER et al. - Page 5



            Appeal No. 1998-2360                                                      
            Application No. 08/604,976                                                


            and negative blade exposures for a given blade unit.  What                
            the examiner seems to have done was to arbitrarily combine                
            one of the positive exposure blades in Welsh=s second                     
            example with the negative exposure blade in the third                     
            example to create a new example with the hindsighted                      
            benefit of appellants= disclosure.  Hindsight reconstruction              
            of the prior art, however, is clearly improper.                           
            In re Deminski, 796 F.2d 436, 443, 230 USPQ 313, 316                      
            (Fed. Cir. 1986).                                                         

                 In the final analysis, Welsh teaches exposures for                   
            only two blades.  Additionally, this reference lacks a                    
            teaching of a plural blade unit having a positive exposure                
            blade and a negative exposure blade.  Thus, apart from a                  
            general suggestion of progressively increasing the blade                  
            exposures from the guard end of the blade unit to the cap                 
            end of the blade unit, Welsh contains no teaching or                      
            suggestion of where a third blade should be placed in                     
            relation to the blades in his two-blade embodiments.                      

                 In this regard, there are three possibilities for                    
            locating the third blade in relation to the two blades in                 
            Welsh=s third example.  First, the third blade may be place               


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