Appeal No. 2006-1910
Application No. 09/910,654
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the evidence
relied upon by the examiner as support for the rejection. We
have, likewise, reviewed and taken into consideration, in
reaching our decision, the 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 does support the rejection of
the claims under 35 U.S.C. § 103(a). Accordingly, we affirm.
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
determinations set forth in Graham v. John Deere Co., 383 U.S. 1,
17, 148 USPQ 459, 467 (1966). The examiner must articulate
reasons for the examiner’s decision. In re Lee, 277 F.3d 1338,
1342, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002). In particular, the
examiner must show that there is a teaching, motivation, or
suggestion of a motivation to combine references relied on as
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007