Appeal No. 95-1763
Application 08/109,201
would be more efficient and, thus, would have been obvious.
(Paper 20 at 9.) Nothing in Magar, however, suggests this
modification. Although Appellants' disclosure demonstrates that
the art could be so improved, it is not apparent that it would
have been so improved absent Appellants' disclosure. In re
Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
The examiner has not established by a preponderance of evidence
that a split-channel mode was known or would have been obvious in
this art. Therefore, we cannot affirm the rejection of these
claims under section 103.
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