Ex parte MOORMAN - Page 13




          Appeal No. 95-3406                                                          
          Application 07/940,016                                                      



          1972).  Furthermore, the conclusion that the claimed subject                
          matter is prima facie obvious must be supported by evidence, as             
          shown by some objective teaching in the prior art or by knowledge           
          generally available to one of ordinary skill in the art that                
          would have led that individual to combine the relevant teachings            
          of the references to arrive at the claimed invention.  See In re            
          Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988),            
          Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d            
          281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert. denied,                 
          475 U.S. 1017 (1986), In re Lalu, 747 F.2d 703, 705, 223 USPQ               
          1257, 1258 (Fed. Cir. 1984), and ACS Hosp. Sys., Inc. v.                    
          Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.              
          Cir. 1984).                                                                 
               Additionally, rejections based on  103 must rest on a                 
          factual basis with these facts being interpreted without                    
          hindsight reconstruction of the invention from the prior art.               
          The examiner has the initial duty of supplying the factual basis            
          for the rejection.  The examiner may not, because of doubt that             
          the invention is patentable, resort to speculation, unfounded               
          assumption or hindsight reconstruction to supply deficiencies               
          in the factual basis.  See In re Warner, 379 F.2d 1011, 1017,               


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