Appeal No. 1998-2327
Application No. 08/467,619
features so as to solve the bone cement porosity problem
caused by air entrapment during the bone cement mixing and
transferring process. These circumstances lead us to conclude
that the examiner, in making his § 103 rejection, has fallen
victim to the insidious effect of hindsight syndrome wherein
that which only the inventor has taught is used against its
teacher. W.L. Gore & Assocs. v. Garlock, Inc., Id.
For the above-stated reasons, we will not sustain the
examiner’s § 103 rejection of the appealed claims as being
unpatentable over Colin in view of Butler, Yamauchi and Chan.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JEFFREY T. SMITH ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
BEVERLY A. PAWLIKOWSKI )
Administrative Patent Judge )
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