Appeal No. 2000-0533
Application No. 08/821,508
method wherein a bead as claimed is extruded simultaneously
with the flaring of the end to form parallel interior and
exterior conical surfaces by the pressing of a tool into the
end of the conduit. Modification of the teachings of McIntosh
and Currie to arrive at the claimed invention would require a
re-design of the flaring tool. From our perspective, the only
suggestion for such a modification 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 33, 36-39, 42-45 and 60 under 35 U.S.C. §
103.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 33, 36-39, 42-45 and 60 under 35 U.S.C. § 103 is
reversed. A new rejection of claims 38 and 60 is entered
pursuant to 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that, "A new
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