Appeal No. 2004-1666 Page 8
Application No. 09/586,912
sustain the standing rejection against them. In addition, the reasoning set forth above
with regard to claim 1 also is applicable for, as was the case there, it would appear that
suggestion to combine the references in the manner proposed by the examiner is found
only in the hindsight afforded one who first viewed the appellants’ disclosure. This, of
course, is not a proper basis for a rejection under Section 103.2
The rejection of claims 6-11 is not sustained.
CONCLUSION
2In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).
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