Ex parte JOHN R. KLUG - Page 7

          Appeal No. 95-4544                                                          
          Application 07/975,905                                                      

          Upon a careful review of Jakobs, we fail to find that the                   
          references teach the above limitations as recited in Appellant's            
          claim 1.                                                                    
               The Examiner argues that these limitations are well known in           
          the art to the skilled artisan.  However, the Examiner has not              
          provided a reference or an affidavit as evidence of these                   
          statements.  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 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).           
                    Furthermore, we fail to find any suggestion of                    
          modifying Jakobs to provide a computer file editing system as               
          recited in Appellant's claim 1.  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               


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