Appeal No. 2000-0523
Application 08/583,307
variable. In this light, it is evident that the examiner’s
conclusion of obviousness with respect to the subject matter
recited in claim 1 rests on impermissible hindsight knowledge.
Accordingly, we shall not sustain:
a) the standing 35 U.S.C. § 102(b) rejection of claim 1,
and of dependent claims 2 through 12 and 14 through 17, as
being anticipated by Brown;
b) the standing 35 U.S.C. § 103 rejection of claim 1, and
of dependent claims 2 through 12 and 14 through 17, as being
obvious over Brown;
c) the standing 35 U.S.C. § 103 rejection of dependent
claim 13 as being obvious over Brown.
d) the standing 35 U.S.C. § 102(b) rejection of claim 1,
and of dependent claims 2 through 17, as being anticipated by
Martin; or
e) the standing 35 U.S.C. § 103 rejection of claim 1, and
of dependent claims 2 through 17, as being obvious over
Martin.
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