Appeal No. 1997-0523
Application 08/082,576
Sugawara 57-90851 Jun. 5, 1982
(Japanese Patent)
Claims 1 to 14 stand rejected under 35 U.S.C. § 103 over
Yang and Sugawara.
Reference is made to Appellants’ briefs and the 2
Examiner's answer for their respective positions.
OPINION
We have considered the record before us, and we will
reverse the rejection of claims 1 to 14.
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the Examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In
so doing, the Examiner is expected to make the factual
determinations set forth in Graham v. John Deere Co., 383 U.S.
1, 17, 148 USPQ 459, 467 (CCPA 1966), and to provide a reason
why one having ordinary skill in the pertinent art would have
been led to modify the prior art or to combine prior art
2 A reply brief was filed as paper no. 17 and was entered
into the record without any response from the Examiner [paper
no. 18].
3
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