Appeal No. 1998-2767
Application 08/391,541
Claims 1, 3, 9 to 10, and 17 to 20 stand rejected under
35 U.S.C. § 103 over Davis, while for the rejection of claims
4 to 8, 11 to 16, and 21 to 26, under 35 U.S.C. § 103 the
Examiner adds Mizuta.
Reference is made to Appellants’ brief and the Examiner's
answer for their respective positions.
OPINION
We have considered the record before us, and we will
reverse the rejection of claims 1 and 3 to 26.
In rejecting a claim 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
(1966), and to provide a reason why one having ordinary skill
4
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