Appeal No. 2000-0829
Application 09/079,054
routing of cable connected to the lighting devices however
it would have been obvious to one of ordinary skill in the
art, at the time the invention was made, to implement the
displaying of cable routing to Taylor system. Motivation of
the implementation is for visualizing the lighting devices’
cables. (Paper 8 at 4).
Regarding claims 12 and 13, the examiner has not made out a
prima facie case of obviousness in the first instance. The
examiner provides no supporting evidence to demonstrate that
routing of cables and displaying the cables would have been
obvious at the time of the invention. Without such supporting
evidence, the examiner’s rejection can only be made with the
applicants’ own disclosure. As stated above, such hindsight
reasoning is impermissible.
Accordingly, we reverse the examiner’s rejection of claims
12 and 13 as being unpatentable under 35 U.S.C. § 103 over
Taylor.
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