Appeal No. 2002-0263
Application No. 09/377533
Dempsey. Weston (Fig. 1) addresses a sprinkler for bath-tub
purposes that includes a pliable pipe and nozzle fitted to a
faucet. Dempsey (Fig. 1) discloses a dispenser for
selectively dispensing liquid, such as water, to a plant by
pressing the dispenser vertically downward against a ground
surface adjacent to the plant.
Clearly, we have before us a rejection evidencing a
classic hindsight reconstruction since the only basis
whatsoever for completely reworking the Goda device for
achieving the claimed invention from the applied prior art, as
proposed by the examiner, would be impermissible hindsight
reliance upon appellants' own teaching in the present
application. It is for this reason that the rejection cannot
be sustained.
In summary, this panel of the board has not sustained the
rejection of appellants' claims under 35 U.S.C. § 103(a).
The decision of the examiner is reversed.
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