Appeal No. 2003-2076 Page 11
Application No. 09/428,364
In our view, the only suggestion for modifying Scholder in the manner proposed
by the examiner to meet the above-noted limitations stems from hindsight knowledge
derived from the appellants' own disclosure. The use of such hindsight knowledge to
support an obviousness rejection under 35 U.S.C. § 103 is, of course, impermissible.
See, for example, W. L. Gore and Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1553,
220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
For the reasons set forth above, the decision of the examiner to reject
independent claims 1, 9 and 17, and claims 2 to 8, 10 to 16 and 18 to 20 dependent
thereon, under 35 U.S.C. § 103 is reversed.
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