Appeal No. 2001-1986
Application No. 08/719,968
Under these circumstances, we are convinced that the examiner’s § 103 rejection is fatally
premised upon impermissible hindsight. See W.L. Gore & Assoc. v. Garlock, Inc., 721 F.2d 1540,
1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). Therefore, for
the reasons set forth in the Brief and supra, we reverse the examiner’s decision rejecting all of the
appealed claims under 35 U.S.C. § 103.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
)
)BOARD OF PATENT
) APPEALS
) AND
THOMAS A. WALTZ ) INTERFERENCES
Administrative Patent Judge )
NAGUMO, Administrative Patent Judge, concurring-in-part and dissenting-in-part.
I agree with the majority that the rejections of claims 13, 15, 16, and 22 should be reversed.
I also agree that the rejection of claim 23 over Nakatsukasa and secondary references should be
reversed. My reasoning, however, differs significantly from that expressed in the majority opinion;
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