Ex parte GATES - Page 6




          Appeal No. 1997-1731                                                        
          Application No. 08/377,924                                                  


          achieved by reliance upon impermissible hindsight.  It is for               
          this reason that we cannot support the rejection of                         
          appellant’s claims based upon the applied prior art.                        


               In summary, this panel of the board has not sustained the              
          rejection of claims 7, 9 through 16, 18, 19, and 39 through 44              
          under 35 U.S.C. § 103.                                                      


               The decision of the examiner is reversed.                              


                                      REVERSED                                        







                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         NEAL E. ABRAMS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
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