Appeal No. 97-2225
Application 08/445,912
In reaching our decision in this appeal, we have given
careful consideration to appellants' specification and claims, to
the applied prior art reference, and to the respective positions
articulated by appellants and the examiner. As a consequence of
our review, we have made the determination that the examiner's
rejection of the appealed claims under 35 U.S.C. § 103 is not
well founded and will therefore not be sustained. Our reasoning
in support of this determination follows.
The de la Rosa patent discloses a wick (25) that is
described at column 2, lines 14-16, as "not woven" and as being
in the form of a fiberglass felt. Nothing in de la Rosa teaches
or suggests a cooking fuel wick that comprises a pile fabric like
that defined in appellants' claims on appeal. The examiner's
attempt to selectively modify the fuel cartridge of de la Rosa by
substituting a pile fabric for the wick therein merely by relying
on the knowledge that pile type towels, such as terry cloth
towels, absorb liquid well, is unavailing. It is our view that
in searching for an incentive for modifying the fuel cartridge
of de la Rosa, the examiner has impermissibly drawn from
appellants' own teachings and fallen victim to what our reviewing
Court has called "the insidious effect of a hindsight syndrome
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