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
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