Appeal No. 97-2999 Page 15
Application No. 08/338,714
must provide sufficient evidence or scientific reasoning to
establish the reasonableness of the examiner's belief that the
functional limitation is an inherent characteristic of the
prior art. In the case before us, it is our opinion that the
examiner has not provided sufficient evidence or scientific
reasoning to establish the reasonableness of his belief that
the functional limitation is an inherent characteristic of
Kujawski.
We have also reviewed the Haver and Wagenknecht
references additionally relied upon by the examiner in
rejecting the claims under appeal but find nothing therein
that would have suggested the above-noted deficiency of
Kujawski.
Since all the limitations of independent claims 33 and 36
are not suggested or taught by the applied prior art, we
cannot sustain the examiner's rejection of appealed claims 33
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