Ex parte KUMAR - Page 8




          Appeal No. 96-4002                                                          
          Application No. 08/121,849                                                  


          disclosure of Leszczynski is replete with digital circuitry.                
          It is our opinion that the only basis for applying Snyder’s                 
          and Baumoel’s teachings to Leszczynski comes from an improper               
          attempt to reconstruct Appellant’s invention in hindsight.                  
          Accordingly, we can not sustain the Examiner's obviousness                  
          rejection of independent claims 1 and 8.  Since all of the                  
          limitations of independent claims 1 and 8 are not suggested by              
          the applied prior art, we can also not sustain the Examiner's               
          rejection of appealed claims 2-7 and 9-20 which depend                      
          therefrom.                                                                  







               In conclusion, we have not sustained the Examiner’s                    
          rejection of any of the claims on appeal under 35 U.S.C. §                  
          103.  Accordingly, the decision of the Examiner rejecting                   
          claims 1-20 is reversed.                                                    


                                      REVERSED                                        


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