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 withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007