Ex Parte Davis - Page 6


                 Appeal 2006-2253                                                                                      
                 Application 10/464,595                                                                                

                                                    ANALYSIS                                                           
                        Dhont does not include any suggestion to make the carrying case fire                           
                 resistant.  Robbins does not disclose that the materials utilized to form the                         
                 fire resistant safe can be used to form a carrying case.  In fact, as the                             
                 insulation in Robbins in comprised at least in part of concrete, it would                             
                 appear that a person of ordinary skill in the art would not be motivated to                           
                 include the insulation in the carrying case because such inclusion would                              
                 increase the weight and thus reduce the portability of the case.  We must                             
                 conclude that the only suggestion for combining such disparate structures in                          
                 the manner proposed by the Examiner stems from an impermissible                                       
                 hindsight reconstruction of the Appellant's invention wherein the claims                              
                 have been used as a template to selectively piece together isolated                                   
                 disclosures in the prior art.                                                                         
                                                  CONCLUSION                                                           
                        In view of the foregoing, we will not sustain either of the Examiner’s                         
                 rejections of the appealed claims because both rejections rely on the                                 
                 combination of Dhont/Robbins and we find no motivation or suggestion to                               
                 make the combination.                                                                                 










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