Appeal No. 2000-0951 Page 8
Application No. 08/640,160
use of such hindsight knowledge to support an obviousness
rejection under 35 U.S.C. § 103 is, of course, impermissible.
See, for example, W. L. Gore and Assocs., Inc. v. Garlock,
Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir.
1983), cert. denied, 469 U.S. 851 (1984). It follows that we
cannot sustain the examiner's rejections of claims 1 and 16,
and claims 4, 14, 15, 18, 21 and 28 to 33 dependent thereon.
We have also reviewed the Blanchard reference
additionally applied in the rejection of dependent claims 5,
6, 11, 19, 20 and 25 but find nothing therein which makes up
for the deficiencies of Griggs and Romaine discussed above
regarding claims 1 and 16. Accordingly, we cannot sustain the
examiner's rejection of appealed claims 5, 6, 11, 19, 20 and
25 under 35 U.S.C. § 103.
CONCLUSION
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