Appeal No. 2005-0532
Application No. 10/152,877 Page 7
From our perspective, the examiner’s proposed combination of
Yutzy and Campbell appears to be premised on impermissible
hindsight reasoning. Thus, we will not sustain the stated §
103(a) rejection.
CONCLUSION
The decision of the examiner to reject claims 1, 2, 4, 5, 7
and 10 under 35 U.S.C. § 103(a) as being unpatentable over Yutzy
in view of Campbell is reversed.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
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)
)
) BOARD OF PATENT
PETER F. KRATZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
CATHERINE TIMM )
Administrative Patent Judge )
PFK/sld
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