Appeal No. 2000-0941 Page 13
Application No. 09/077,362
The obviousness rejection based on Koller
We will not sustain the rejection of claims 3, 11 and 12
under 35 U.S.C. § 103 as being unpatentable over Koller.
The decision of the examiner to reject claim 3 under
35 U.S.C. § 103 as being unpatentable over Koller is reversed
for the reasons set forth above with respect to its parent
claim 1.
With regard to claims 11 and 12, the examiner has not
cited any evidence to support his conclusion (answer, page 4)
that it would have been obvious at the time the invention was
made to a person having ordinary skill in the art to provide
Koller's shade with additional cloths (i.e., ruffles).
Instead, it appears to us that the examiner once again has
relied on impermissible hindsight in reaching his obviousness
determination. Accordingly, the decision of the examiner to
reject claims 11 and 12 under 35 U.S.C. § 103 as being
unpatentable over Koller is reversed.
CONCLUSION
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