Appeal No. 1997-0586
Application No. 08/243,559
Reference is made to Appellants’ briefs and the
Examiner's answers for their respective positions . 2
OPINION
We have considered the record before us, and we will
reverse the rejections of claims 1 to 20.
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,
2 A reply brief was filed as paper no. 27 to which the
Examiner responded by a supplemental answer as paper no. 28.
4
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