Appeal No. 2000-1489 Page 12
Application No. 09/188,421
knowledge derived from the appellant's 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 Assocs., 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 2 to 4 and 6 to 8 under 35 U.S.C. §
103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 and 5 under 35 U.S.C. § 103 is affirmed and the
decision of the examiner to reject claims 2 to 4 and 6 to 8
under 35 U.S.C. § 103 is reversed.
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