Appeal No. 1998-0187
Application No. 08/247,518
impermissible hindsight when rejecting the claims. See W.L.
Gore & Associates v. Garlock, Inc., 721 F.2d 1540, 1553, 220
USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984); In re Rothermel, 276 F.2d 393, 396, 125 USPQ 328, 331
(CCPA 1960).
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of the invention recited in claims
15, 28 and 37.
Accordingly, we will not sustain the standing 35 U.S.C. § 103
rejection of those claims or of claims 29 through 32, 35 and
36, dependent thereon.
CONCLUSION
To summarize, the examiner’s decision to reject claims 8
through 14, 39 and 40 under 35 U.S.C. § 103 is affirmed. The
examiner’s decision to reject claims 15, 28 through 32 and 35
through 37 under 35 U.S.C. § 103 is reversed.
The decision of the examiner is affirmed-in-part.
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