Appeal No. 2001-0565
Application No. 08/855,246
pages 5 through 16) hold little, if any, weight with respect to
the issue of obviousness of the claimed subject matter. Stated
differently, the examiner’s reasoning and unsupported conclusions
can not take the place of an evidentiary showing in the record of
the obviousness of the claimed subject matter. In the absence of
such an evidentiary showing, we agree with appellant’s argument
(reply brief, pages 1 through 3) that the examiner has resorted
to impermissible hindsight to demonstrate the obviousness of the
claimed subject matter.
DECISION
The decision of the examiner rejecting claims 1 through 28
and 30 through 44 under 35 U.S.C. § 103(a) is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOSEPH F. RUGGIERO ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
STUART S. LEVY )
Administrative Patent Judge )
KWH:svt
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