Appeal No. 2001-0573
Application No. 08/638,245
insidious effect of a hindsight syndrome wherein that which
only the inventor has taught is used against its teacher." W.
L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,
1553, 220 USPQ 303, 313 (Fed. Cir. 1983).
Since it is our determination that the teachings and
suggestions found in AAPA and Scales or in Scott and Scales
would not have made the subject matter as a whole of
independent claims 1, 5 and 14 on appeal obvious to one of
ordinary skill in the art at the time of appellants'
invention, we must refuse to sustain the examiner's rejection
of those claims under 35 U.S.C.
§ 103(a). It follows that the examiner's rejection of
dependent claims 2 through 4, 6 through 9 and 15 through 17
under 35 U.S.C. § 103(a) based on AAPA and Scales, and
dependent claims 2 and 6 based on Scott and Scales will also
not be sustained.
Regarding the examiner's rejection of dependent claims 3,
4, 7 through 9 and 15 through 17 under 35 U.S.C. § 103(a) as
being unpatentable over the combination of Scott, Scales and
8
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