Appeal No. 97-0612
Application 08/322,218
Skinner die outlet face. Since the applied references are not
concerned with the formation of a tube having a slit with curved
edges, it is not apparent why the artisan would have found it
obvious to modify Sparks’ slit-forming key 200 in the manner
proposed by the examiner. We are therefore constrained to
conclude that the examiner has engaged in an impermissible
hindsight reconstruction of the appellants’ invention by using
the appealed claims as an instruction manual to selectively piece
together isolated disclosures in the prior art to meet the curved
edge and curved end limitations in these claims. This being the
case, we shall not sustain the standing 35 U.S.C. § 103 rejection
of claims 1 through 3 as being unpatentable over Vaughan in view
of Sparks and Skinner.
The decision of the examiner is reversed.
REVERSED
BRUCE H. STONER, JR. )
Chief Administrative Patent Judge )
)
)
)
CHARLES E. FRANKFORT ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JOHN P. McQUADE )
Administrative Patent Judge )
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