Appeal No. 2002-2128
Application No. 08/793,984
sustain the Examiner’s rejection under 35 U.S.C. § 103, we would
need to resort to impermissible speculation or unfounded
assumptions or rationales to supply deficiencies in the factual
basis of the rejection before us. In re Warner, 379 F.2d 1011,
1017, 154 USPQ 173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057
(1968), rehearing denied, 390 U.S. 1000 (1968).
In view of the above discussion, it is our view that, since
all of the limitations of the appealed claims are not taught or
suggested by the applied prior art Watanabe reference, the Examiner
has not established a prima facie case of obviousness.
Accordingly, the 35 U.S.C. § 103(a) rejection of independent claim
43 and its dependent claims 44-51 and 53-83, as well as independent
claim 84, is not sustained.
In conclusion, we have not sustained the Examiner’s 35 U.S.C.
§ 103(a) rejection of any of the claims on appeal. Therefore, the
decision of the Examiner rejecting claims 43-51 and 53-84 is
reversed.
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007