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.
REVERSED
John D. Smith )
Administrative Patent Judge )
)
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