Appeal No. 97-1566
Application 29/033,924
there must be some reason for the combination other than
hindsight gleaned from the invention disclosure. Interconnect
Planning Corp. v. Feil, 774 F.2d 1132, 1143, 227 USPQ 543, 551
(Fed. Cir. 1985).
From our perspective, what the examiner has done here is to
impermissibly rely upon appellant’s own disclosed design for a
suggestion to modify the kicking tee of the Spiegel patent to
arrive at the presently claimed ornamental design. This is
improper.
The decision of the examiner is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
LAWRENCE J. STAAB ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
THOMAS A. WALTZ )
Administrative Patent Judge )
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