Appeal No. 2000-0320 Page 14
Application No. 08/480,082
utilizing chitosan as the film forming polymer in the Viegas
composition and method. In our view, the only suggestion for
modifying Viegas in the manner proposed by the examiner stems
from hindsight knowledge derived from the appellants' own
disclosure. The use of such hindsight knowledge to support an
obviousness rejection under 35 U.S.C. § 103 is, of course,
impermissible. See, for example, W. L. Gore and Associates,
Inc. v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-
13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
For the reasons set forth above, the decision of the
examiner to reject claims 1 to 9 and 18 to 26 under 35 U.S.C.
§ 103 is reversed.
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007