Appeal No. 2003-1857 Page 5
Application No. 09/799,350
luxury of hindsight accorded one who first viewed the appellant’s disclosure. This, of
course, is not a proper basis for a rejection. See In re Fritch, 972 F.2d 1260, 1266, 23
USPQ2d 1780, 1784 (Fed. Cir. 1992). It follows that we cannot sustain the rejection of
claim 1 or claims 2-11 depending therefrom.
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