Appeal No. 96-2576
Application 08/148,271
completely speculative interpretation of a reference. The
examiner’s burden to present a prima facie case of obviousness is
not satisfied by such speculation. Additionally, the examiner’s
rationale that it would have been obvious to locate the power
source switch within the integrated circuit simply because
integration is desirable fails to address the obviousness of
applying that principle to the particular invention set forth in
the claims before us.
In summary, we cannot sustain the examiner’s rejection on
obviousness because the evidence of record in this case does not
provide the factual support necessary to support the examiner’s
position. Therefore, the decision of the examiner rejecting
claims 1-9 is reversed.
REVERSED
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