Appeal No. 1997-4351 Page 7
Application No. 08/435,375
The examiner’s conclusion [answer-page 3] that it would
have been obvious to return the windows in Bates to an original
position in a window cascade because the skilled artisan “would
know how to keep things organized for later use by returning
them to the already familiar places, where they belong,”
appears to us to be the result of impermissible hindsight
gleaned from appellant’s own disclosure rather than being based
on any suggestion by Bates or within the common sense of the
artisan at the time of the instant invention.
The examiner’s decision rejecting claims 1 through 7 under
35 U.S.C. 103 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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