Appeal No. 95-4450
Application No. 07/949,676
invention herein appears to be based on impermissible
hindsight reasoning.
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of appellants’ claimed invention.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 23, 25, 31 and 33 under 35 U.S.C. § 102 as anticipated
by or, in the alternative under 35 U.S.C. § 103 as
unpatentable over Llenado; reject claims 24, 26-30, 32, 35 and
36 under 35 U.S.C.
§ 103 as unpatentable over Llenado; and reject claims 23-33,
35 and 36 under 35 U.S.C. § 103 as unpatentable over Cook in
view of Llenado are reversed.
The decision of the examiner is reversed.
REVERSED
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