Appeal No. 1997-2107
Application No. 08/309,577
These circumstances lead us to the determination that the
examiner's conclusion of obviousness is based upon
impermissible hindsight derived from the appellant's own
disclosure rather than some teaching, suggestion or incentive
derived from the applied prior art. It follows that the
examiner's § 103 rejection of claims 1 and 9 as being
unpatentable over Hardman is improper and cannot be sustained.
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