Appeal No. 2002-0930
Application 09/291,828
into a single unit so as to increase the efficiency of
manufacturing and assembly (col. 2, lines 17-24).
Like appellants, it is our opinion that there is no basis in
the Cheng ‘402 reference which would have been suggestive of the
totally reconstructive combination proposed by the examiner, and
that the only suggestion for such a modification comes from
hindsight derived from appellants’ own disclosure. Accordingly,
it is our determination that the examiner’s rejection of
independent claim 1 under 35 U.S.C. § 103(a) as being
unpatentable over Cheng ‘402 will not be sustained.
Claims 2 through 4 each depend directly from claim 1 and
include all the limitations thereof. Thus, it follows from the
foregoing that the examiner’s rejection of dependent claims 2
through 4 under 35 U.S.C. § 103(a) as being unpatentable over
Cheng ‘402 will likewise not be sustained.
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