Ex parte BATTOCCHIO et al. - Page 7




               Appeal No. 1997-2883                                                                                               
               Application 08/379,443                                                                                             


               in formulating the  103 rejection of the claims on appeal, and we find that to modify the vertical                

               acceleration sensor of Jones in view of Karbo in order to achieve appellants’ claimed invention would              

               have required the use of impermissible hindsight.  Accordingly, we cannot sustain the examiner’s                   

               decision rejecting claims 23 and 25 to 52 under 35 U.S.C.  103 over Jones in view of Karbo.                       

                      In light of the foregoing, the differences between the subject matter recited in the claims and the         

               applied prior art are such that the claimed subject matter as a whole would not have been obvious                  

               within the meaning of 35 U.S.C.  103.  Accordingly, we shall reverse the standing rejection of claims             

               23 and 25 to 52 on appeal.                                                                                         

                                                          REVERSED                                                                








                                      JERRY SMITH                                   )                                             
                                      Administrative Patent Judge                   )                                             
                                                                                   )                                             
                                                                                   )                                             
                                                                                   )                                             
                                      ERIC FRAHM                                    )  BOARD OF PATENT                            
                                      Administrative Patent Judge                   )  APPEALS AND                                
                                                                                   )  INTERFERENCES                              
                                                                                   )                                             
                                                                                   )                                             
                                      JOSEPH L. DIXON                               )                                             

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