Appeal No. 2004-1892
Application No. 10/197,472
simply do not perceive any suggestion from the two applied
references to modify a bottom trim element to secure a boat top
in place (and across the face of a windshield). The examiner has
not proffered any references that reveal the knowledge in the art
of a bottom trim element that secures a boat top in place, at the
time of appellants' application. Thus, akin to appellants' point
of view, it is clear to this panel of the Board that a conclusion
of obviousness based upon the combined teachings of Muhlberger
and Vadney can only be achieved with reliance upon impermissible
hindsight. It is for this reason that the rejection on appeal
cannot be sustained.
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