Appeal No. 1999-0421 Page 5 Application No. 08/587,866 comprising a generally rectangular multi-layer structure defining a plurality of straight-line fluid flow passages (slits 16) bounded by fins 17 which present abundant surface area for heat transfer from the heat sink to the passing fluid. Thus, especially in light of the different objectives of Minakami and Kashima, as the Minakami heat sink appears to present a relatively low resistance to flow and good thermal transfer, it is not apparent to us why one of ordinary skill in the art would have been motivated by the teachings of Kashima to modify Minakami by coiling the heat sink fin elements thereof. From our perspective, the only suggestion for putting the selected pieces from the references together in the manner proposed by the examiner is found in the luxury of hindsight accorded one who first viewed the appellants' disclosure. This, of course, is not a proper basis for a rejection. See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992). Accordingly, we shall not sustain the examiner's rejection of claims 1 and 8 or claims 2- 4, 6, 7, 9, 10, 12 and 13 which depend therefrom.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007