Ex Parte PATZ et al - Page 6



          Appeal No. 2000-1010                                       Page 6           
          Application No. 08/951,402                                                  

          1057 (1968).  Our reviewing court has repeatedly cautioned                  
          against employing hindsight by using the appellants’ disclosure             
          as a blueprint to reconstruct the claimed invention from the                
          isolated teachings of the prior art.  See, e.g., Grain Processing           
          Corp. v. American Maize-Products Co., 840 F.2d 902, 907, 5 USPQ2d           
          1788, 1792 (Fed. Cir. 1988).                                                
               From our perspective, the examiner’s rejections appear to be           
          premised on impermissible hindsight reasoning.  On the record of            
          this appeal, it is our view that the examiner has not carried the           
          burden of establishing a prima facie case of obviousness with               
          respect to the subject matter defined by the appealed claims.               
               Accordingly, we reverse the stated rejections.                         


















Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007