Appeal No. 1998-3118
Application No. 08/448,543
These deficiencies of Windemuth and Dekker are not supplied by the other applied
references. It follows that the rejection before us must be based upon the unwitting
application of impermissible hindsight wherein that which only the inventor has taught is
used against its teacher. W.L. Gore & Assoc. V. Garlock, Inc., 721 F.2d 1540, 1553, 220
USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). As a
consequence, it is clear that we cannot sustain the examiner’s § 103 rejection of the
appealed claims as being unpatentable over Windemuth in view of Stewart, Wolff and
Dekker.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
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)
)
) BOARD OF PATENT
THOMAS A. WALTZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
JEFFREY T. SMITH )
Administrative Patent Judge )
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