Appeal No. 97-2464
Application 29/038,531
manner to arrive at the claimed design without the aid of
appellants’ own disclosure.
In summary, we agree with appellants that the selective
combination of design features of the applied references is
driven not by the teachings of the references, but rather by an
effort to reconstruct the claimed invention using appellants’ own
disclosure. Therefore, we do not sustain the rejection of the
design claim before us.
The decision of the examiner is reversed.
REVERSED
)
HARRISON E. McCANDLISH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JERRY SMITH )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
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