Appeal No. 2004-0482 Page 7
Application No. 09/216,247
our opinion that the examiner has fallen “victim to the insidious effect of hindsight
syndrome wherein that which only the inventor taught is used against its
teacher.” W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1553,
220 USPQ 303, 312-13 (Fed. Cir. 1983).
Accordingly, we reverse the rejection of claims 1, 3-5, 12, and 14-16
under 35 U.S.C. § 103 as being unpatentable over Lacy.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
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