Appeal No. 2002-2250
Application No. 09/519,823
assumed piles P associated with the concrete mat or foundation
disclosed by Lejeck for supporting a blast furnace stove with
piles of the type disclosed by Thornley for supporting the
foundation of a massive building structure stems from hindsight
knowledge impermissibly derived from the appellants’ disclosure.
Hence, we shall not sustain the standing 35 U.S.C. § 103(a)
rejection of independent claims 1, 8, 14, 18 and 20, and
dependent claims 2 through 7, 9 through 13, 15 through 17 and 19,
as being unpatentable over Lejeck in view of Thornley.
SUMMARY
The decision of the examiner to reject claims 1 through 20
is reversed.
REVERSED
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