Ex parte DOUCHE et al. - Page 8




          Appeal No. 1996-2972                                       Page 8           
          Application No. 07/928,784                                                  


          Huckvale's shoe component molding process using a common                    
          carrier (62) for moving both molds together without the                     
          positioning of glazing in each mold in auxiliary stations                   
          and/or in Strauss' blow molding process for forming hollow                  
          articles such as bottles that suggests the process                          
          modifications contemplated in the examiner's rejection for a                
          duplicative molding process using glazings as claimed herein.               
               Accordingly, we agree with appellants (brief, page 10)                 
          that the  103 rejection advanced by the examiner appears to                
          rely on the description of appellants’ invention in their                   
          specification for the suggested modifications.  Thus, the                   
          present record indicates that the examiner used impermissible               
          hindsight when rejecting the claims.  See W.L. Gore &                       
          Associates v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ                  
          303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851                    
          (1984); In re Rothermel, 276 F.2d 393, 396, 125 USPQ 328, 331               
          (CCPA 1960).  Accordingly, we will not sustain the examiner’s               
           103 rejection of the appealed claims.                                     
                                     CONCLUSION                                       










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007