Appeal No. 2000-0770
Application No. 08/631,638
We have carefully considered the subject matter on appeal,
the rejection advanced by the Examiner, the arguments in support
of the rejection and the evidence of obviousness relied upon by
the Examiner as support for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
Appellant’s arguments set forth in the Briefs along with the
Examiner’s rationale in support of the rejection and arguments
in rebuttal set forth in the Examiner’s Answer.
It is our view, after consideration of the record before
us, that the evidence relied upon and the level of skill in the
particular art would not have suggested to one of ordinary skill
in the art the obviousness of the invention as set forth in
claims
1-35, 46, and 47. Accordingly, we reverse.2
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
2The Examiner may wish to take note of the issuance of U.S. Patent No.
6,174,780 on January 16, 2001 as a result of a divisional application
(09/139,918 filed August 16, 1998) of the instant application.
4
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