Ex parte BASSET et al. - Page 5

          Appeal No. 1997-2924                                                        
          Application No. 08/320,726                                                  

          resulting composition would be successful for the manufacture               
          of an article having a weld line.  In re O’Farrell, id.                     
               On the record of this appeal, it is only the appellants’               
          own disclosure which provides any basis for using the                       
          composition of the appealed claims for manufacturing an                     
          article having a weld line with a reasonable expectation that               
          such a use would be successful.  Viewed from this perspective,              
          we believe the examiner has unwittingly fallen victim to the                
          impermissible application of hindsight in formulating the                   
          rejection under consideration.  W.L. Gore & Assocs. v.                      
          Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed.              
          Cir. 1983), cert. denied, 469 U.S. 851 (1984).                              
               Under the foregoing circumstances, it is our                           
          determination that we cannot sustain the examiner’s section                 
          103 rejection of the appealed claims as being unpatentable                  
          over Nagao and Glotin in view of Fukui.                                     
               The decision of the examiner is reversed.                              

          John D. Smith                   )                                           
               Administrative Patent Judge     )                                      

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