Appeal No. 2005-0151
Application No. 09/615,305
conclusion that the claimed invention would have been obvious over Wooley and Martin.
In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992);
Interconnect Planning Corp. v. Feil, 774 F.2d 1132, 1138, 227 USPQ 543, 547 (Fed.
Cir. 1985); W.L. Gore & Assocs. v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303,
312-313 (Fed. Cir. 1983)(“To imbue one of ordinary skill in the art with knowledge of the
invention in suit, when no prior art reference or references of record convey or suggest
that knowledge, is to fall victim to the insidious effect of a hindsight syndrome wherein
that which only the inventor taught is used against its teacher”).
Accordingly, the decision of the examiner is reversed.
REVERSED
Joan Ellis )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora Green )
Administrative Patent Judge )
JE/eld
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