Appeal No. 1997-1451
Application 08/145,974
application of impermissible hindsight derived from the
appellant's own disclosure rather than upon some teaching,
suggestion or incentive derived from the applied prior art.
W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540,
1551, 220 USPQ 303, 312-313 (Fed. Cir. 1983). Accordingly, we
cannot sustain the examiner's § 103 rejection of the claims on
appeal as being unpatentable over Van Beersel in view of
Weatherby and Wetmore.
This decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
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