Appeal No. 2001-0008
Application 09/298,572
fall victim to the insidious effect of a hindsight syndrome
wherein that which only the inventor taught is used against
its teacher.” W. L. Gore, 721 F.2d at 1553, 220 USPQ at 312-
13.
Because we reverse for failure to establish a prima
facie case of obviousness, we need not reach the issue of
whether Appellant's experimental evidence provides a
comparison with the closest prior art. See Fine, 837 F.2d at
1076, 5 USPQ2d at 1600.
Time Period for Response
No time period for taking any subsequent action in
con- nection with this appeal may be extended under 37 CFR §
1.136(a).
AFFIRMED-IN-PART
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF
PATENT
12
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