Appeal No. 2002-2246
Application No. 09/192,110
The present record indicates that the motivation relied upon by the Examiner to
include fibers and particles in the nonwoven composite of Pike comes from the Appellants’
description of their invention in the specification rather than coming from the applied prior
art and that, therefore, the Examiner used impermissible hindsight in rejecting the claims.
See W.L. Gore & Associates Inc. v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303,
312-13 (Fed. Cir. 1983); In re Rothermel, 276 F.2d 393, 396, 125 USPQ 328, 331 (CCPA
1960). Consequently, the Examiner’s rejection is reversed.
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