Appeal No. 96-2311
Application 08/139,057
(4) a surfactant without the impermissible use of appellants'
disclosure as a guide. On consideration of the record,
including appellants' main brief and Reply Brief, and the
Examiner's Answer, we believe that the § 103 rejection is
predicated on the impermissible use of hindsight and must be
reversed.
In conclusion, we reverse the examiner's rejections under
35 U.S.C. § 112, second paragraph, and 35 U.S.C. § 103.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARY F. DOWNEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
CHARLES F. WARREN )
Administrative Patent Judge )
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