Appeal No. 2004-0494 Page 7
Application No. 09/215,831
basis.” In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
For the foregoing reasons, it is 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, 14, 16 and 18
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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