Appeal No. 96-0096
Application No. 08/094,794
perspective provided by this reference, therefore, it must be
concluded that the prior art failed to recognize as a result
effective variable the manner in which reactive gases are
mixed and introduced into a reactor. In this regard, it is
well settled that the optimization of a process parameter
would not have been obvious if the parameter was not
recognized to be a result effective variable. In re Antonie,
559 F.2d 618, 620, 195 USPQ 6, 9 (CCPA 1977).
To summarize, it is apparent that the examiner's above
noted obviousness position is inappropriately based upon
unsupported generalities rather than facts (In re Freed, 425
F.2d 785, 787, 165 USPQ 570, 571 (CCPA 1970)) and hindsight
derived from the appellants' own disclosure rather than some
teaching, suggestion or incentive derived from the applied
prior art (Gore v. Garlock, 721 F.2d 1540, 1553, 220 USPQ 303,
312-313 (Fed. Cir. 1983)). It follows that we cannot sustain
the § 103 rejection advanced by the examiner on this appeal.
The decision of the examiner is reversed.
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