Appeal No. 2001-2045 Page 11
Application No. 09/360,936
art for a person of ordinary skill in the art at the time the invention was made to have
modified Yamamoto's switch to arrive at the claimed invention. In that regard, it is our
view that the motivation provided by the examiner in the rejection (answer, p. 4) and the
additional motivations provided in the examiner's response to argument section of the
answer (p. 5) are not taken from the actual teachings of the applied prior art but instead
appear to be taken from the appellants' disclosure or fabricated by the examiner.
For the reasons set forth above, the decision of the examiner to reject claim 21,
and claims 22, 23, 31, 36 and 38 dependent thereon, under 35 U.S.C. § 103 is
reversed.
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