Appeal No. 1996-0452
Application 07/790,618
have combined the teachings of Jackson into Fortuna's system.
The examiner's view as to Jackson appears to be based upon
prohibited hindsight derived from the claimed invention.
Since we reverse the rejection of independent claims 22,
24 and 28, we also reverse the rejection of the respective
dependent claims 23, 25 and 26. Therefore, the decision of
the examiner rejecting claims 22 through 26 and 28 under 35
U.S.C. § 103 is reversed.
REVERSED
James D. Thomas )
Administrative Patent Judge )
)
)
)
Michael R. Fleming ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Stuart N. Hecker )
Administrative Patent Judge )
William E. Hiller
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