Appeal No. 2004-2234
Application No. 09/881,361
suggestion to replace Shimazaki’s weight 11 with a plug made of
polyisobutylene and a metal powder in view of Kochevar and to
further replace Kochevar’s putty-like, permanently deformable
polyisobutylene with a flexible polymeric material of the type
disclosed by Tarlow stems from hindsight knowledge impermissibly
derived from the appellants’ disclosure.
As Yoneyama, Sasamoto, Bingman and/or Allen fail to cure the
foregoing shortcomings of the basic Shimazaki, Kochevar and
Tarlow combination, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of independent claims 1 and 8, and dependent
claims 3, 4, 6, 9, 11, 15, 17 and 18, as being unpatentable over
Shimazaki in view of Kochevar and Tarlow, the standing 35 U.S.C.
§ 103(a) rejection of dependent claims 2, 13 and 14 as being
unpatentable over Shimazaki in view of Kochevar, Tarlow, Yoneyama
and Sasamoto, the standing 35 U.S.C. § 103(a) rejection of
dependent claims 5 and 12 as being unpatentable over Shimazaki in
view of Kochevar, Tarlow and Bingman, the standing 35 U.S.C.
§ 103(a) rejection of dependent claims 7 and 10 as being
unpatentable over Shimazaki in view of Kochevar, Tarlow and
Allen, or the standing 35 U.S.C. § 103(a) rejection of
independent claim 16, and dependent claim 19, as being
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