Appeal No. 96-1201
Application 08/122,970
DeRees, only the shapes that would eliminate funneling, we must
conclude that the examiner’s selection of the shapes in DeRees
results only from a hindsight review of appellants’ own
disclosure. It is impermissible to use the claimed invention as
an instruction manual or "template" to piece together the
teachings of the prior art so that the claimed invention is
rendered obvious. In re Gorman, 933 F.2d 982, 987, 18 USPQ
1885, 1988 (Fed. Cir. 1991). Our reviewing court has previously
stated that one cannot use hindsight reconstruction to pick and
choose among isolated disclosures in the prior art to deprecate
the claimed invention. In re Fritch, 972 F.2d 1260, 1266, 23
USPQ2d 1780, 1784 (Fed. Cir. 1992).
The rejection of claims on appeal is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
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NEAL E. ABRAMS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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