Appeal No. 2004-0575 Application 09/206,005 to the teachings in Gilroy to make the modification therein urged by the examiner. In that regard, it is clear to us that the method and apparatus in Gilroy is premised on having a one-piece relief valve (Fig. 1) associated with the transmission cooling system therein so as to reduce the number of required parts and the number of fluid connections to the transmission cooling system and thus reduce the possibility of leaking. In direct contrast to such teachings, it is clear that the examiner’s proposed substitution of the cooling radiator seen in Figure 11 of FR ‘272 for the entirety of the transmission cooling/bypass system seen in Figure 1 of Gilroy would not only increase the number of parts and size of the system therein, but would significantly increase the number of fluid connections in the transmission cooling system and thus significantly increase the possibility of leaking. Simply stated, absent hindsight derived from appellant’s own disclosure and claims, there is no teaching or suggestion in the collective disclosures of Gilroy and FR ‘272 which would have made it obvious to one of ordinary skill in the art at the time of appellant’s invention to modify the transmission cooling system of Gilroy in the manner urged by the examiner. As our court of review indicated in In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783 (Fed. Cir. 1992), it is 17Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007