Appeal No. 1997-0552
Application No. 08/267,490
assumptions or hindsight reconstruction to supply deficiencies in its factual basis." In re
Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), cert. denied, 389
U.S. 1057 (1968), quoted in In re GPAC, Inc., 57 F.3d 1573, 1582,
35 USPQ2d 1116, 1123 (Fed. Cir. 1995). Here, the examiner's conclusion of
unpatentability appears to have been based on improper hindsight gleaned from
appellants' disclosure. Therefore, we will not sustain the rejection of claims 1-30.
CONCLUSION
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