Ex parte DAYTON - Page 6







          discloses all of the structure that corresponds to the claimed              
          limitations but does not include all the claimed terminology.               
          The Examiner argues that it would have been obvious to one of               
          ordinary skill in the art to have included the input, output and            
          expansion conductors as well as the expansion crosspoint elements           
          as claimed because the conductors and gate drivers of Georgiou              
          can at least operate as such.                                               



               However, after a review of both Georgiou and Franaszek, we             
          fail to find any teaching or suggestion of the Appellant's                  
          claimed input expansion conductors.  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 or shown to            
          be 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).                                               
               In view of the foregoing, the decision of the Examiner                 
          rejecting claims 1 through 6, 8, 9 and 18 through 24 is reversed.           
                                                                                     


                                          6                                           





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

Last modified: November 3, 2007