Ex parte JONES et al. - Page 6

                  Appeal No. 1998-2588                                                                                                                    
                  Application No. 08/673,702                                                                                                              
                           In our judgment, the examiner’s rejection is improperly based on hindsight                                                     
                  reconstruction with the benefit of appellants’ disclosure of the invention, rather than on any                                          
                  suggestion in Cameron’s disclosure.  Accordingly, the examiner has failed to establish a                                                
                  prima facie case of obviousness, and the rejection of claims 1 through 19 as unpatentable                                               
                  over Cameron is reversed.                                                                                                               
                                                                   REVERSED                                                                               










                                             William F. Smith                                      )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             Fred E. McKelvey                                      )                                                      
                                             Senior Administrative Patent Judge                    ) APPEALS AND                                          
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             Toni R. Scheiner                                      )                                                      
                                             Administrative Patent Judge                           )                                                      







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