Ex parte HANAOKA et al. - Page 7




          Appeal No. 94-3012                                                          
          Application 07/851,853                                                      


          before us, it is indisputable that the specification supports the           
          appellants’ definition.                                                     
               Accordingly, on this record, we do not find that the                   
          examiner has established through factual evidence, or sound                 
          scientific reasoning, that the combined limitations of the                  
          claimed invention would have been obvious to one of ordinary                
          skill in the art at the time the application was filed.  A                  
          conclusion of obviousness must be based on facts, and not                   
          unsupported generalities.  In re Freed 425 F.2d 785, 788, 165               
          USPQ 570, 572 (CCPA 1970); In re Warner, 379 F.2d 1011, 1017,               
          154 USPQ 173, 178 CCPA 1967), cert. denied, 389 U.S. 1057 (1968).           



















                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007