Ex parte KIBBEE - Page 6




          Appeal No. 1998-1609                                                        
          Application No. 08/589022                                                   


          impermissible hindsight would have enabled one to seek out the              
          Atwater shorts to effect the combination now proposed.  Thus,               
          based upon the evidence of obviousness before us, the                       
          rejection under 35 U.S.C. § 103 cannot be sustained.                        
               In summary, this panel of the board has reversed the                   
          rejection of claims 1 through 15 under 35 U.S.C. § 103 as                   
          being unpatentable over Larsen in view of Atwater.                          




               The decision of the examiner is reversed.                              
                                      REVERSED                                        





                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         NEAL E. ABRAMS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN F. GONZALES              )                              
                         Administrative Patent Judge   )                              
                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007