Appeal No. 2000-1934 Page 12
Application No. 08/779,420
in the absence of any evidence which teaches or suggests the
provision of an obturator for use with Abramson's catheter
which is slidably receivable in the suction lumen thereof, it
appears to us that the examiner's rejection of claim 6 stems
from impermissible hindsight using appellants' disclosure as a
template to reconstruct appellants' claimed invention.
Accordingly, we shall not sustain the examiner's rejection of
claim 6, or claim 7 which depends therefrom.
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