Appeal No. 1999-2435 7
Application No. 08/872,876
We have determined that the examiner's legal conclusion of obviousness is not
supported by the facts. "Where the legal conclusion [of obviousness] is not supported by
[the] facts[,] it cannot stand." In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173,
178 (CCPA 1967), cert. denied, 389 U.S. 1057 (1968), reh’g denied, 390 U.S. 1000
(1968).
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