Appeal No. 95-3398
Application No. 08/103,318
why an ordinary artisan would have been motivated to apply the
teachings of Frechtling to Albright’s polymeric products.
In conclusion, we agree with appellants that the combination
of references applied by the examiner against the claims is
unsound. The examiner in effect has used the instant claims as a
blueprint for combining the references which amounts to
impermissible hindsight. Accordingly, we shall not sustain the
35 U.S.C. § 103 rejection.
For all of the foregoing reasons, the decision of the
examiner is reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
FRED E. McKELVEY ) APPEALS
Senior Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
TERRY J. OWENS )
Administrative Patent Judge )
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