Appeal No. 94-3846
Application 07/891,376
used against its teacher); In re Newell, 891 F.2d 899, 901, 13 USPQ2d 1248, 1250
(Fed. Cir. 1989)(retrospective view of inherency is no substitute for some teaching or
suggestion which supports the selection and use of the various elements in the claimed
combination).
For the above stated reasons, it is clear to us that the examiner’s § 103 rejection
of claims 1 through 11 based on Yasui cannot be sustained. Moreover, since the
deficiencies of this reference are not supplied by Yamasaki (and the examiner does not
contend otherwise), we also cannot sustain the § 103 rejection of claims 1 through 11
as being unpatentable over Yasui in view of Yamasaki.
The decision of the examiner is reversed.
REVERSED
Bradley R. Garris )
Administrative Patent Judge )
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) BOARD OF PATENT
Chung K. Pak ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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Terry J. Owens )
Administrative Patent Judge )
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