Appeal No. 1997-0327 Page 8
Application No. 08/204,150
In summary, the only motivation and factual basis we can
locate in support of the examiner's stated rejection is the
description of appellants’ invention in their specification.
Hence, on this record, it is our view that the examiner used
impermissible hindsight when rejecting the claims.
Accordingly, we will not sustain the examiner’s rejection.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 6-11 under 35 U.S.C. § 103 as being unpatentable over
Hoeffkes is reversed.
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