Ex parte BOOS et al. - Page 3

                  Appeal No. 1996-3141                                                                                                                    
                  Application No. 08/415,766                                                                                                              


                                                                     Discussion                                                                           
                           On consideration of the record, including the Appeal Brief, (Paper No. 24),  the                                               
                  Examiner's Answer (Paper No. 25), the Supplemental Answer (Paper No. 26), and the                                                       
                  above-cited references, it is ordered that the examiner's rejection of claims 1 through 5                                               
                  and 17 through 21 under 35 U.S.C. § 103 be reversed.  In our considered judgment, this                                                  
                  rejection relies on the impermissible use of  hindsight and cannot stand.                                                               
                                                                    REVERSED                                                                              





                                    SHERMAN D. WINTERS                                    )                                                               
                                    Administrative Patent Judge                           )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )   BOARD OF PATENT                                             
                                    WILLIAM F. SMITH                                      )     APPEALS AND                                               
                                    Administrative Patent Judge                           )    INTERFERENCES                                              
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                    DOUGLAS W. ROBINSON                          )                                                                        
                                    Administrative Patent Judge                           )                                                               

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