Appeal No. 2004-1118
Application No. 09/619,873
In light of the foregoing, we are convinced that the
examiner, in formulating his section 103 rejection of claim 17,
has fallen victim to the insidious effect of a hindsight syndrome
wherein that which only the inventor has taught is used against
its teacher. W. L. Gore & Assocs. v. Garlock, Inc., 721 F.2d
1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984). Because this rejection and concomitantly
the other rejections before us are based upon impermissible
hindsight rather than some motivation, suggestion or teaching of
the applied prior art, we cannot sustain any of the rejections
advanced by the examiner on this appeal.
The decision of the examiner is reversed.
REVERSED
Edward C. Kimlin )
Administrative Patent Judge )
)
)
)
Bradley R. Garris ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Romulo H. Delmendo )
Administrative Patent Judge )
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