Appeal No. 2001-2345 Page 7
Application 08/898,627
which may meet the requirements of the claims on appeal, if in fact '185 describes such
gels. Assuming that any of the gels described in '185 meet the requirements of the
claims on appeal, the examiner has not adequately explained why the prior art relied
upon by itself, suggests a selection of those gels. On this record, the examiner's
obviousness rejection is based upon impermissive hindsight and cannot be sustained.
The decision of the examiner is reversed.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
)) APPEALS AND
Administrative Patent Judge
)
) INTERFERENCES
Donald E. Adams )
Administrative Patent Judge )
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