Appeal 1997-2589
Application 08/423,481
it would have been obvious to a person of ordinary skill
in the art to which this invention pertains, given the
teaching of Wilson *** and Baker *** to optimize
polyurethane elastomer composition[s] for desired
application and physical properties and conductivity for
desired application by choosing *** [a] transition metal
halide salt as conductivity control agent such as ferric
chloride.
B. Discussion
The examiner's finding that one skilled in the art would
have been able to "optimize" "properties" by selecting ferric
chloride is clearly erroneous and is not supported by any
evidence which has been called to our attention. The manifest
principal difficulty with the examiner's reasoning is that it
is based on impermissible hindsight. On the basis of the
examiner having failed to establish the obviousness of the use
of ferric chloride in applicants' combination, it becomes
unnecessary for us to address other arguments made by
applicants in support of their appeal.
C. Summary
The rejection of claims 1-2 and 5-6 as being unpatentable
under 35 U.S.C. § 103 over Wilson and Baker is reversed.
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