Ex parte MARTIN - Page 5




          Appeal No. 97-1229                                                          
          Application 08/280,950                                                      

          withstanding the basic simplicity of appellant's invention viewed           
          from hindsight, for, as our reviewing court has often stated                
          simplicity and hindsight are not proper criteria for resolving              


          the issue of obviousness.  In re Horn, 203 USPQ 969, 971 (CCPA              
          1979).  Accordingly, the rejection of claims 2-9 on appeal is               
          reversed.                                                                   
                                      REVERSED                                        





                         WILLIAM F. PATE, III          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         LAWRENCE J. STAAB             )  BOARD OF PATENT             
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
          )                                                                           
                        MURRIEL E. CRAWFORD           )                              
                         Administrative Patent Judge )                                









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