Appeal No. 2002-0518 Page 4
Application No. 08/934,471
1983): “To imbue one of ordinary skill in the art with knowledge of the
invention.., when no prior art reference or references of record convey or
suggest that knowledge, is to fall victim to the insidious effect of a hindsight
syndrome wherein that which only the inventor taught is used against its
teacher.”
Since the examiner failed to provide the requisite evidentiary basis to
support his rejection we are constrained to reverse the rejection of claims 1 and
5-8 under 35 U.S.C. § 103 as being unpatentable over Adekenov.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Donald E. Adams )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
DA/dym
W. JACKSON MATNEY, JR.
MILBANK, TWEED, HADLEY & MCCLOY
INTERNATIONAL SQUARE BUILDING
1825 I STREET, N.W.
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007