Ex parte BATES et al. - Page 5

          Appeal No. 95-2219                                                          
          Application 08/041,922                                                      

          provides a broad unsupported general conclusion of obviousness.             
          Appellants further argue that the Examiner has failed to provide            
          any teaching whatsoever, other than Appellants’ specification,              
          that would motivate one of ordinary skill in the art to modify              
          Brown to provide Appellant’s claimed processor.                             
               We agree.  We are not inclined to dispense with proof by               
          evidence when the proposition at issue is not supported by a                
          teaching in a prior art reference, common knowledge or capable of           
          unquestionable demonstration.  Our reviewing court requires this            
          evidence in order to establish a prima facie case.  In re Knapp-            
          Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA 1961).  In re           
          Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA 1966).                 
               The Federal Circuit states that "[t]he mere fact that the              
          prior art may be modified in the manner suggested by the Examiner           
          does not make the modification obvious unless the prior art                 
          suggested the desirability of the modification."  In re Fritch,             
          972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.           
          1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,               
          1127 (Fed. Cir. 1984).  "Obviousness may not be established using           
          hindsight or in view of the teachings or suggestions of the                 
          inventor."  Para-Ordnance Mfg. v. SGS Importers Int’l, 73 F.3d at           


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