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Ex parte ANDREW T. GRAHAM et al. - Page 5

Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte ANDREW T. GRAHAM et al. - Page 5

              Appeal No. 94-3846                                                                                        
              Application 07/891,376                                                                                    



              used against its teacher); In re Newell, 891 F.2d 899, 901, 13 USPQ2d 1248, 1250                          
              (Fed. Cir. 1989)(retrospective view of inherency is no substitute for some teaching or                    
              suggestion which supports the selection and use of the various elements in the claimed                    
              combination).                                                                                             
                     For the above stated reasons, it is clear to us that the examiner’s § 103 rejection                
              of claims 1 through 11 based on Yasui cannot be sustained.  Moreover, since the                           
              deficiencies of this reference are not supplied by Yamasaki (and the examiner does not                    
              contend otherwise), we also cannot sustain the § 103 rejection of claims 1 through 11                     
              as being unpatentable over Yasui in view of Yamasaki.                                                     
                     The decision of the examiner is reversed.                                                          
                                                     REVERSED                                                           



                            Bradley R. Garris                         )                                                 
                            Administrative Patent Judge               )                                                 
                                                                      )                                                 
                                                                      )                                                 
                                                                      )   BOARD OF PATENT                               
                            Chung K. Pak                              )     APPEALS AND                                 
                            Administrative Patent Judge               )    INTERFERENCES                                
                                                                      )                                                 
                                                                      )                                                 
                                                                      )                                                 
                            Terry J. Owens                            )                                                 
                            Administrative Patent Judge               )                                                 

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