Ex parte BYDLON et al. - Page 15




         Appeal No. 2000-0652                                     Page 15          
         Application No. 08/868,774                                                


         body 1 having an outer surface with hollowed-out portions so              
         that the operator's fingers may be placed therein in order to             
         ensure a perfect grip as taught by Ben Moura.                             


              The appellants' argument (brief, pp. 10-14; reply brief,             
         p. 3) that the rejection of claim 25 under 35 U.S.C. § 103 is             
         in error is not persuasive for the reasons that follow.                   


              First, for the reasons set forth above, it is our view               
         that the combined teachings of the applied prior art are                  
         suggestive of the claimed invention without the use                       
         impermissible hindsight.  In that regard, Ben Moura clearly               
         teaches to provide the outer surface of body 1 with hollowed-             
         out portions 11 so that the operator's fingers may be placed              
         therein in order to ensure a perfect grip.  It is this                    
         teaching of Ben Moura that provides the required motivation               
         and suggestion to a person of ordinary skill in the art to                
         have modified Balkwill's device in the manner set forth above.            












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