Ex parte EDWARD D. KLOMP, et al. - Page 6

          Appeal No. 96-3445                                                          
          Application 08/233,088                                                      


                    the inventor taught is used against its                           
                    teacher.                                                          

          In our view, the examiner’s finding is based on impermissible               
          hindsight derived from the appellants’ disclosure and therefore,            
          we will not sustain the examiner’s rejection of claims 2 and 3              
          under 35 U.S.C. §103.                                                       
               The decision of the examiner is reversed.                              
                                      REVERSED                                        







                                                       )                              
                         WILLIAM E. LYDDANE            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         MURRIEL E. CRAWFORD           )                              
                         Administrative Patent Judge   )                              






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