Appeal No. 2003-0204 Page 11
Application No. 09/096,123
from the appellants' own disclosure. The use of such hindsight knowledge to support an
obviousness rejection under 35 U.S.C. § 103 is, of course, impermissible.
For the reasons set forth above, the decision of the examiner to reject claims 279
to 284 and 287 to 294 under 35 U.S.C. § 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 279 to 284 and 287
to 294 under 35 U.S.C. § 103 is reversed.
REVERSED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
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) BOARD OF PATENT
JOHN P. McQUADE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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JEFFREY V. NASE )
Administrative Patent Judge )
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