Appeal No. 1998-3127
Application No. 08/703,418
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modified key of Nishimura could include radio station
identification information, we find no evidentiary support on
the record, outside of Appellant’s own disclosure, for such an
assertion. We are not inclined to dispense with proof by
evidence when the proposition at issue is not supported by a
teaching in a prior art reference, common knowledge or capable
of unquestionable demonstration. Our reviewing court requires
this evidence in order to establish a prima facie case. In re
Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA
1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72
(CCPA 1966).
Accordingly, we do not sustain the Examiner’s obviousness
rejection of claim 1, nor of claims 2 and 3 dependent thereon,
based on the combination of Nishimura and Leeder.
Turning to a consideration of the Examiner’s 35 U.S.C.
§ 103 rejection of dependent claim 4 in which the Goldmacher
and Murao references are added to the combination of Nishimura
and Leeder, we reverse this rejection as well. It is apparent
from the Examiner’s analysis (Answer, page 5) that Goldmacher
and Murao are relied on solely to address the claimed parallel
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