Ex parte HALE - Page 5




          Appeal No. 96-1604                                                          
          Application 08/272,906                                                      


          ordinary skill in the relevant art having the references before             
          him to make the proposed combination or other modification.                 
          See In re Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA             
          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); ACS Hosp. Sys., Inc. v. Montefiore Hosp.,             
          732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984), and In             
          re Lalu, 747 F.2d 703, 705, 223 USPQ 1257, 1258 (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             




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