Appeal No. 95-0055
Application No. 07/985,354
the facts. "Where the legal conclusion of obviousness is not
supported by facts it cannot stand." In re Warner, 379 F.2d
1011, 1017, 154 USPQ 173, 178 (CCPA 1967). Since we reverse
on the basis that the examiner failed to establish a prima
facie case of obviousness, we need not reach the issue of the
sufficiency of the showing of unexpected results in the
Rambaud Declarations dated June 17, 1993, and December 15,
1993 (see the Brief, pages 10-14). In re Geiger, 815 F.2d
686, 688, 2 USPQ2d 1276, 1278 (Fed. Cir. 1987). Accordingly,
the examiner’s rejection of claims 45 through 65 under 35
U.S.C. § 103 as unpatentable over French Patent 2 357 490 or
Bavaveas alone, or optionally taken with appellant’s admission
at page 9, lines 12-17, of the specification regarding
"EPARCYLŽ" is reversed.
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