Ex parte BEATTY - Page 5




          Appeal No. 97-1133                                                          
          Application 08/424,247                                                      



          all of the pending claims in this application under our au-                 
          thority provided by 37 CFR § 1.196(b).  Our reasoning in                    
          support of these determinations follows.                                    


                    Turning first to the examiner's rejection of the                  
          appealed claims under 35 U.S.C. § 103, we share appellant's                 
          view that there is no teaching or suggestion in the applied                 
          prior art references which would have led a person of ordinary              
          skill in   the art to selectively modify the antiglare screen               
          or shade of Kivikink in the manner urged by the examiner.  It               
          is our view, after a careful review of these references, that               
          in searching for an incentive for modifying the shade of                    
          Kivikink, the examiner has impermissibly drawn from appel-                  
          lant's own teachings and fallen victim to what our reviewing                
          Court has called "the insidious effect of a hindsight syndrome              
          wherein that which only the inventor taught is used against                 
          its teacher."  W. L. Gore & Associates, Inc. v. Garlock, Inc.,              
          721 F.2d 1540, 1553, 220 USPQ 303, 313 (Fed. Cir. 1983), cert.              
          denied, 469 U.S. 851 (1984).                                                



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