Appeal No. 2004-0061
Application 09/745,762
opinion, the examiner’s positions here represent a classic case
of hindsight reconstruction after having viewed appellant’s
disclosure and claims.
In light of the foregoing, we must refuse to sustain the
examiner’s rejection of claims 23 through 35 under § 103(a) as
being unpatentable over Shreim.
To summarize our decision, we note that 1) the examiner's
rejection of claims 23 through 35 under 35 U.S.C. § 112, second
paragraph, has not been sustained, and 2) the examiner's
rejection of claims 23 through 35 under § 103(a) as being
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