Appeal No. 96-1633
Application 08/119,245
cert. denied, 488 U.S. 825 (1988), “it is impermissible to use
the claims as a frame and the prior art references as a mosaic
to piece together a facsimile of the claimed invention.” In
our opinion, this is precisely what the examiner has done in
arriving at the subject matter of the appealed claims. We are
therefore unable to agree with the examiner that one of
ordinary skill in the art would have arrived at the subject
matter of the appealed claims based on the teachings of Wohl
and Zahn, with or without the additional teachings of Bouchey.
The decision of the examiner is reversed.
REVERSED
JAMES M. MEISTER )
Administrative Patent Judge )
)
)
)
LAWRENCE J. STAAB ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JOHN P. McQUADE )
Administrative Patent Judge )
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