Ex parte BOGDEN et al. - Page 3




          Appeal No. 96-2471                             Paper No.                       
          37                                                                             
          Appl. No. 08/089,410                                                           
          insidious effect of a hindsight syndrome wherein that which                    
          only the inventor taught is used against its teacher."); In re                 
          McLaughlin, 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA 1971)                 
          (obviousness judgments are                                                     











          necessarily based on hindsight; so long as judgment takes into                 
          account only knowledge known in the art, there is no error.).                  




                                        REVERSED                                         


                    ___________________________________)                                 
                    SHERMAN D. WINTERS                   )                               
                    Administrative Patent Judge          )                               
                                                         )                               
                                                              )                          
                                                         )                               
                    ___________________________________)                                 
                          WILLIAM F. SMITH                    )     BOARD OF             
          PATENT                                                                         
                    Administrative Patent Judge          )    APPEALS AND                
                                          -3-                                            





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