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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