Appeal No. 96-2680
Application No. 08/258,788
evidence to support the examiner's legal conclusion of
obviousness within the meaning of 35 U.S.C. § 103. As correctly
urged by appellants, neither the primary nor secondary references
applied by the examiner provide any teaching or suggestion of an
insulating cover of the type disclosed by Grant having a
ferromagnetic plate. In the absence of such teaching or
suggestion in the cited references, the examiner's rationale
relies more upon the impermissible use of hindsight than
evidentiary support. The apparent desirability of modifying the
prior art cannot serve as the basis for obviousness under § 103.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
CAMERON WEIFFENBACH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CHUNG K. PAK )
Administrative Patent Judge )
clm
William H. Logsdon
700 Koppers Bldg.
436 Seventh Ave.
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