Ex Parte HARTMANN et al - Page 10



          Appeal No. 2000-1250                                                            
          Application No. 08/662,077                                   Page 10            

          advanced by the examiner.  Instead, it appears that the examiner                
          relied on hindsight in reaching the obviousness determination.                  
          Our reviewing court has said, "To imbue one of ordinary skill in                
          the art with knowledge of the invention in suit, when no prior                  
          art reference or references of record convey or suggest that                    
          knowledge, is to fall victim to the insidious effect of a                       
          hindsight syndrome wherein that which only the inventor taught is               
          used against its teacher."  W. L. Gore & Assoc. v. Garlock, Inc.,               
          721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert.               
          denied, 469 U.S. 851 (1984).  It is essential that "the decision                
          maker forget what he or she has been taught . . . about the                     
          claimed invention and cast the mind back to the time the                        
          invention was made . . . to occupy the mind of one skilled in the               
          art who is presented only with the references, and who is                       
          normally guided by the then-accepted wisdom in the art." Id.                    
               In addition, with respect to appellants’ assertion (brief,                 
          pages 7 and 8) that the references, even if combined, do not                    
          suggest the claimed invention, we find that because neither                     
          Ramstrom nor Astmann discloses providing a generic message                      
          interpreter of each different switch to interpret generic and                   
          native messages and interpreting generic messages to control the                
          first switch with native switch messages, we agree with                         






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