Appeal No. 1999-1738 Page 7
Application No. 08/854,516
appears to us that the examiner has impermissibly resorted to speculation or hindsight
reconstruction in rejecting the appellant's claims.
Accordingly, we cannot sustain any of the examiner's rejections of claims 1, 5 and 6
under 35 U.S.C. § 103 as being unpatentable over any of Houston, Gross and Klobucar.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1, 5 and 6 under 35 U.S.C.
§ 103 is reversed.
REVERSED
HARRISON E. McCANDLISH )
Senior Administrative Patent Judge )
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) BOARD OF PATENT
IRWIN CHARLES COHEN ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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JENNIFER D. BAHR )
Administrative Patent Judge )
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