Appeal No. 2000-2032 Page 10
Application No. 09/017,187
signature-to-signature spacing both downstream of a cutting
cylinder and upstream of a quarter fold region.
In our view, the only suggestion for modifying Kalisiak
in the manner proposed by the examiner to arrive at the
subject matter of claim 1, 4, 5 and 7 to 14 stems from
hindsight knowledge derived from the appellants' own
disclosure. The 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, 4, 5 and 7 to 14.
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