Appeal No. 1999-0590
Application 08/444,841
desirability of the modification. In re Fritch, 972 F.2d
1260, 1266, 23 USPQ2d 1780, 1783-84 (Fed. Cir. 1992); In re
Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984). There is no suggestion within the applied prior art to
make the modification proposed by the examiner. On this
record, the only basis for making the examiner’s proposed
modification of Boulton would appear to be based on an
improper attempt to reconstruct appellant’s invention in
hindsight.
Since the examiner’s proposed modification of Boulton
is not suggested by the prior art of this record, we do not
sustain the examiner’s rejection of the appealed claims.
Therefore, the decision of the examiner rejecting claims 1-42
is reversed. REVERSED
JERRY SMITH )
Administrative Patent Judge )
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