Appeal No. 2000-1032
Application No. 08/795,878
reconstruct the claimed invention based on applicants’ [sic,
applicant’s] disclosure” (brief, page 11). This is
impermissible under 35 U.S.C. § 103 as explained by the
appellant in the brief. In re Fine, 837 F.2d 1071, 1075, 5
USPQ2d 1596, 1599-1600 (Fed. Cir. 1988).
The decision of the examiner is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
BRADLEY R. GARRIS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
TERRY J. OWENS )
Administrative Patent Judge )
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