Appeal 97-2232
Application 08/209,268
motivation in the prior art that would lead one of
ordinary skill in the art to combine the teachings
of the references, and that would also suggest a
reasonable likelihood of success. Such a suggestion
or motivation may come from the references
themselves, from knowledge by those skilled in the
art that certain references are of special interest
in a field, or even from the nature of the problem
to be solved. The district court never identified
the source of the various claim limitations in the
prior art, much less a motivation, teaching or
suggestion to combine them.
The examiner has not identified in the prior art where
there is a reason, suggestion or motivation to make the
claimed three-element composition and use it to combat fungus
and insects in plants. In our view, the only reasonable
suggestion on this record for making applicants' three-element
composition and using it to combat fungus and insects in
plants is found in applicants' specification. Accordingly,
the examiner's rejection is based on impermissible hindsight
and must be reversed.
REVERSED.
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Last modified: November 3, 2007