Appeal No. 2000-1327
Application No. 08/402,624
scheme for expelling water and onboard means for replenishing and
repressurizing the pressure reservoir, and the water guns of
Shindo and Salmon, with their “expandable bladder” scheme for
expelling water and external means for replenishing and
repressurizing the pressure reservoir, as being alternative ways
of making a water gun that is capable of expelling a large amount
of water.
Where, as here, prior art references require a selective
combination of reference features to render obvious a claimed
invention, there must be some reason for the combination other
than hindsight gleaned from the invention disclosure,
Interconnect Planning Corp. v. Feil, 774 F.2d 1132, 1143, 227
USPQ 543, 551 (Fed. Cir. 1985). In the fact situation before us,
we are now of the view that one of ordinary skill in the art
would not have been motivated by the combined teachings of
Johnson and either Shindo or Salmon to select and incorporate the
“expandable bladder” scheme for expelling water into the water
gun of Johnson while retaining Johnson’s onboard water storage
tank and onboard manually actuated pump for replenishing and
repressurizing the pressure reservoir.
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