Appeal No. 2003-0312
Application No. 08/871,199 Page 4
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejections advanced
by the examiner, and the evidence of obviousness relied upon by
the examiner as support for the rejections. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the brief along with the
examiner's rationale in support of the rejections and arguments
in rebuttal set forth in the examiner's answer.
Upon consideration of the record before us, we reverse,
essentially for the reasons set forth by appellants. We observe
at the outset that appellants assert (brief, page 4) that "[a]ll
of the claims stand or fall with claim 61." Consistent with this
statement, appellants arguments are directed to the rejection of
claim 61. In addition, we observe that appellants do not argue
any of the secondary references applied by the examiner.
Accordingly, we consider claim 61 to be representative of the
group. 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
F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so
doing, the examiner is expected to make the factual
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