Ex Parte RUSSELL et al - Page 9




          Appeal No. 2001-2255                                                        
          Application 09/027,856                                                      


          possessed the properties that would enable its use as an                    
          electroless plating resist.  Of the potentially unlimited number            
          of materials which might have been used in the Burr device, the             
          examiner has provided no evidence to support the selection of the           
          particular material disclosed by Day.  Day has been cited by the            
          examiner only in an attempt to reconstruct the invention in                 
          hindsight.                                                                  
               For the reasons indicated, we have not sustained the                   
          examiner’s rejection of the claims on appeal.  Therefore, the               
          decision of the examiner rejecting claims 12-20 is reversed.                
          REVERSED                                                                    


                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         HOWARD B. BLANKENSHIP         )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         MAHSHID D. SAADAT             )                              
                         Administrative Patent Judge   )                              

          JS/dal                                                                      




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