Ex Parte Radtke - Page 4

                Appeal 2007-2189                                                                                   
                Application 10/249,909                                                                             

                references that comprise the case of obviousness.  In re Rouffet, 149 F.3d                         
                1350, 1357, 47 USPQ2d 1453, 1458 (Fed. Cir. 1998).                                                 
                       Accordingly, we reverse the Examiner’s § 103(a) rejection of claims                         
                17, 18, and 22-26.                                                                                 

                35 U.S.C. § 103(a) REJECTION OVER LATVIS IN VIEW OF SURET                                          
                AND BROWNLIE                                                                                       
                       As noted above, the combination of Latvis in view of Suret is based                         
                on impermissible hindsight.  Brownlie’s disclosure does not cure the                               
                deficiencies of the Latvis in view of Suret combination.                                           
                       Accordingly, we reverse the Examiner’s § 103(a) rejection of claims                         
                1-11, 13-16, 19-21, 27, and 28 over Latvis in view of Suret and Brownlie.                          

                                                   DECISION                                                        
                    We have reversed the § 103(a) rejection of claims 1-11, 13-16, 19-21, 27,                      
                and 28 over Latvis in view of Suret and Brownlie.                                                  
                    We have reversed the § 103(a) rejection of claims 17, 18, and 22-26 over                       
                Latvis in view of Suret.                                                                           
                       The decision of the Examiner is REVERSED.                                                   

                                                  REVERSED                                                         
                [                                                                                                  


                cam                                                                                                


                                                        4                                                          

Page:  Previous  1  2  3  4  5  Next

Last modified: September 9, 2013