Appeal No. 99-2487
Application No. 08/834,051
lines 45-56 in column 1 of Burger). This is significant because
the materials such as almond shells used in the Gonzalez-Vilchez
process plainly are not extensively carbonized materials. With
respect to this last mentioned point, it is further significant
that Burger expressly discloses molding and activating nutshells,
which are analogous to the almond shells of Gonzalez-Vilchez,
albeit via the use of a molding agent such as zinc chloride or
phosphoric acid.
With these circumstances in mind, it is apparent that, if an
artisan were to combine these references in order to form the
almond shells of Gonzalez-Vilchez into the here claimed shapes,
he would have used the aforementioned zinc chloride or phosphoric
acid molding agents of Burger. Clearly these references provide
no basis for combining the Gonzalez-Vilchez almond shells with
the binders which Burger discloses for use with extensively
carbonized materials such as coal or coke. It is apparent that
the combination proposed by the examiner in this rejection is
based upon impermissible hindsight derived from the appellants’
own disclosure. W.L. Gore & Assoc. v. Garlock, Inc., 721 F.2d
1540, 1553, 220 USPQ 303, 312-313 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
5
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007