Ex Parte Kimura et al - Page 5

          Appeal No. 2004-1436                                                        
          Application No. 09/583,865                                                  


          motivation would have arisen, not from the cited references, but            
          from the hindsight gleaned from appellants' specification.                  
               Accordingly, based on the foregoing, the examiner's decision           
          rejecting the appealed claims is reversed.                                  
                                      REVERSED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         CATHERINE TIMM                )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     













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