Appeal No. 1998-2537
Application 08/680,602
The examiner states that since lay-ups produced in
the pressing step above can be used for production of flat or
depressed center wheels, “it seems clear that a press with
parallel cavity surfaces capable of producing wheels of flat
geometry was used in this compressing step” (final rejection,
pg. 2). The examiner then relies on Huber to teach the use of
a mold for producing flat lay-ups or “green” wheels wherein
the resin and the abrasive grain mixture are poured into a
mold and compressed. From these teachings, the examiner
concludes that it would have been obvious to one of ordinary
skill in the art to have used the mixture and mold of Huber
for producing “the instant flat green wheel since these
features produce a desired green wheel suitable for subsequent
processing and clamping with plates as taught by Huber” (final
rejection, page 3).
In response to the examiner’s rejection, the
appellant argues that the examiner has relied upon hindsight
and that the teachings of the present invention were used as a
template by the examiner to recreate the invention as claimed
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