Appeal No. 97-2225
Application 08/445,912
wherein that which only the inventor taught is used against
its teacher." W. L. Gore & Associates, Inc. v. Garlock, Inc.,
721 F.2d 1540, 1553, 220 USPQ 303, 313 (Fed. Cir. 1983). Since
we have determined that the examiner's conclusion of obviousness
is based on a hindsight reconstruction using appellants' own
disclosure as a blueprint to arrive at the claimed subject
matter, it follows that we will not sustain the examiner's
rejection of appealed claims 23 through 39 under 35 U.S.C. § 103.
The decision of the examiner to reject claims 23
through 39 under 35 U.S.C. 103 is reversed.
REVERSED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JEFFREY V. NASE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
MURRIEL E. CRAWFORD )
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