Appeal No. 93-2111
Application 07/630,452
time the claimed invention was made and does not include
knowledge gleaned only from applicant's disclosure"); In re
Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885, 1888 (Fed. Cir. 1991)
(in a determination under 35 U.S.C. § 103 it is impermissible to
simply engage in a hindsight reconstruction of the claimed
invention, using the applicant's structure as a template and
selecting elements from references to fill the gaps; the
references themselves must provide some teaching whereby the
applicant's combination would have been obvious).
The decision of the examiner is reversed.
REVERSED
)
TEDDY S. GRON )
Administrative Patent Judge )
)
)
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