Appeal No. 97-2605
Application 08/272,782
or motivation to join the Japanese ‘291 cam layers together with
at least one weld joint adjacent the camshaft opening as recited
in claim 8. The examiner’s conclusion to the contrary is
predicated on an impermissible hindsight reconstruction of the
claimed invention wherein the claims have been used as an
instruction manual to selectively piece together disparate
disclosures in the prior art. Thus, we shall not sustain the 35
U.S.C. § 103 rejection of claim 8, or of claims 5 and 9 which
depend therefrom, as being unpatentable over the Japanese ‘291
reference in view of any one of the Japanese ‘651, ‘654 or ‘655
references.
The decision of the examiner is reversed.
REVERSED
LAWRENCE J. STAAB )
Administrative Patent Judge )
)
)
)
JOHN P. McQUADE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
MURRIEL E. CRAWFORD )
Administrative Patent Judge )
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