Appeal No. 2005-1768
Application No. 09/796,754
by one of ordinary skill in the art is not the proper test for
obviousness under § 103. In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). It is well settled that
the prior art must suggest the desirability of the modification
proposed by the examiner, and the examiner has pointed to no
teaching in the art regarding a mechanism used to move the end of
the drawer frame in a vertical direction. Lacking such a
teaching or suggestion in the prior art, we agree with appellant
that the examiner's rejection is based upon impermissible
hindsight.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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CATHERINE TIMM ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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JEFFREY T. SMITH )
Administrative Patent Judge )
ECK:clm
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