Appeal No. 2001-0008
Application 09/298,572
of 150EC to 250EC are preferred. Mizumura teaches that it is
known in the art to lower curing temperatures by accelerating
the thermo-setting reaction rate. However, Mizumura notes
that “fluidity of the composition in a molten state is reduced
and it becomes difficult to form a smooth film.” (Mizumura,
col. 1, l. 26-31.) The Examiner opines that it would have
been obvious to have cured the powder coatings of Mizumura and
the Japanese patent at a temperature of as low as 100EC as per
Cotting in order to reduce the energy expenditure required at
a higher temperatures. See supra, p.7. Given the teachings of
the references to the contrary and the Examiner’s failure to
provide support for his position, we find that the Examiner’s
obviousness determination can only be based upon improper
hindsight reasoning. See W. L. Gore & Assoc. v. Garlock,
Inc., 721 F.2d 1540, 1550, 220 USPQ 303, 311 (Fed. Cir.
1983)(it is error to find obviousness where references
“diverge from and teach away from the invention at hand ”).
“To imbue one of ordinary skill in the art with knowledge of
the invention in suit, when no prior art reference or
references of record convey or suggest that knowledge, is to
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