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
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