Ex parte MOORE - Page 9




          Appeal No. 2000-0506                                                        
          Application 08/979,592                                                      


          support the § 103 rejections before us on appeal, and that the              
          examiner has relied upon impermissible hindsight knowledge                  
          derived from appellant’s own teachings in attempting to                     
          reconstruct the claimed subject matter out of isolated                      
          teachings in the prior art.  Accordingly, we will not sustain               
          the examiner's rejection of claims 1 through 3, 6, 8 through                
          10, 12 through 15 and 18 under 35 U.S.C. § 103 as being                     
          unpatentable over Von Herrmann (‘013) in view of Cauffman, or               
          that of claims 1 through 3, 6, 8 through 10, 12 through 15 and              
          18 under 35 U.S.C. § 103 as being unpatentable over Drain in                
          view of Von Herrmann (‘954) and Cauffman.                                   


          The decision of the examiner is reversed.                                   


                                      REVERSED                                        




                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN P. McQUADE               )                              

                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007