Appeal No. 1997-0288
Application No. 08/200,123
is clear that output current varies as the load changes, being
limited only when reaching its peak value.” In summary, we
agree with appellant (Reply Brief, page 2) that the examiner
has resorted to the use of impermissible hindsight to
demonstrate the obviousness of the claimed invention.
DECISION
The decision of the examiner rejecting claims 1 through 9
under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOHN C. MARTIN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ANITA PELLMAN GROSS )
Administrative Patent Judge )
KWH:svt
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