Appeal No. 2000-0324 Page 7
Application No. 08/763,874
to the insidious effect of a hindsight syndrome wherein that
which only the inventor taught is used against its teacher."
W. L. Gore & Assoc. v. Garlock, Inc., 721 F.2d 1540, 1553, 220
USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984). Since the claimed location of the reference
thermocouple is not taught or suggested by the applied prior
art, we will not sustain the
35 U.S.C. § 103 rejection of independent claims 31, 44, 57 and
61, and of dependent claims 32-41, 45-49, 56 and 58-60.
CONCLUSION
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