Appeal No. 1998-3045
Application 08/612,693
basis stemming from the cited prior art to support the obviousness conclusion. On this
record, the obviousness conclusion appears to be based solely on improper hindsight in
light of the appellants’ own disclosure.
Conclusion
The rejection of claims 1-15 under 35 U.S.C. § 103 as being unpatentable over the
appellants’ own admitted prior art and either Neumann or Tanaka is reversed.
REVERSED
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
SALLY C. MEDLEY )
Administrative Patent Judge )
JL:yrt
cc: MOTOROLA INC.
Intellectual Property Department
8000 West Sunrise Boulevard
Fort Lauderdale, FL 33322
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