Appeal No. 1998-3316
Application No. 08/203,300
appellant's own teaching and hindsight. It is for this reason
that we cannot sustain the rejection on appeal.
As a showing of commercial success, appellant has
proffered the declaration of Richard E. H. Kenney (inventor),
executed March 7, 1996, Exhibits 1 through 11, the declaration
of Richard E. H. Kenney (inventor), executed July 23, 1997
(Exhibit 12), the declaration of Neal A. Parker, executed
October 7, 1997 (Exhibit 13), and the declaration of Gerald A.
Conway executed July 17, 1997 (Exhibit 14). Since we have
determined, supra, that the particular rejection on appeal is
not sound, we need not comment upon the content of appellant's
submissions.
The decision of the examiner is reversed.
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