Appeal No. 1998-1473 Page 8
Application No. 08/493,741
Although couched in terms of combining prior art references,
the same requirement applies in the context of modifying such
a reference. Here, the examiner's broad, conclusory opinion
of obviousness does not meet the requirement for actual
evidence.
Because Mansour does not address reinstating traffic to
its original route once a failed link has been restored at
all, we are not persuaded that teachings from the applied
prior art would appear to have suggested the claimed
limitations. The examiner fails to establish a prima facie
case of obviousness. Therefore, we reverse the rejections of
claims 1-42 as obvious over Mansour.
CONCLUSION
In summary, the rejection of claim 1-42 under 35 U.S.C.
§ 103 as obvious over Mansour is reversed.
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