Ex parte CARIC et al. - Page 9

          Appeal No. 1999-0180                                                        
          Application No. 08/629,260                                                  


               In light of the foregoing, it appears to us that the                   
          proposed modification of Garenfeld in view of Sciple is based               
          on the use of impermissible hindsight knowledge derived from                
          appellants’ own disclosure, rather than on the fair teachings               
          of the references.                                                          
               The decision of the examiner is reversed.                              


                                      REVERSED                                        


                                                       )                              
                         IAN A. CALVERT                     )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         NEAL E. ABRAMS                     )                         
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )                              
          LJS:hh                                                                      







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