Appeal 2006-1143
Application 10/256,703
not be motivated to use the coupling of Tschanz in the Wilfert device inasmuch as the
front and rear actuators are connected in a contrary manner. Therefore, we can only
conclude that the examiner's combination of references is based on an impermissible
hindsight reconstruction of appellant's claimed subject matter.
CONCLUSION OF LAW
For the reasons given above, it is our conclusion of law that the examiner has not
established, by a preponderance of the evidence, a prima facie case of obviousness with
respect to the claims on appeal.
ORDER
The rejections of claims 1, 2, 5-7 and 9 are reversed.
REVERSED
)
William F. Pate, III )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Jennifer D. Bahr )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Robert E. Nappi )
Administrative Patent Judge )
WFP/jrg
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