Appeal No. 95-0907
Application 07/774,757
amounts to either improper speculation or hindsight in light of
the appellant's own disclosure. The examiner may not, of course,
because he or she may doubt the invention is patentable, resort
to "speculation, unfounded assumptions or hindsight
reconstruction to supply deficiencies in [the] factual basis."
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967),
cert. denied, 389 U.S. 1057 (1968).
Claim 2 depends from claim 1 and claim 3 depends from
claim 2. Thus, both claims 2 and 3 include all limitations and
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