Ex parte PETERSON - Page 10




          Appeal No. 96-4189                                                          
          Application 08/279,157                                                      



          the security system.  Lewiner teaches that the user opens the               
          garage door by pressing a series of keys on the remote to                   
          transmit a coded signal to cause the receiver to open the                   
          garage door.  We agree that Lewiner also teaches that the                   
          series of code numbers entered by the user may be displayed by              
          the remote as they are entered.  However, Lewiner does not                  
          teach Appellant's claimed multiple sequence of interactions                 
          between the user and the interior receiver.                                 
                    We are not inclined to dispense with proof by                     
          evidence when the proposition at issue is not supported by a                
          teaching in a                                                               




          prior art reference, common knowledge or capable of                         
          unquestion-able demonstration.  Our reviewing court requires                
          this evidence in order to establish a prima facie case.  In re              
          Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA                   
          1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72                 
          (CCPA 1966).                                                                



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