Appeal No. 97-3068 Page 6
Application No. 08/389,904
that the invention is patentable, resort to speculation,
unfounded assumption or hindsight reconstruction to supply
deficiencies in the factual basis for the rejection. See In
re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177 (CCPA 1967),
cert. denied, 389 U.S. 1057 (1968).
With this as background, we turn to the examiner's
rejection of claim 1, the only independent claim on appeal.
Claim 1 recites an apparatus for dispensing wire strands
from wire spools for construction of a wire fence, the
apparatus comprising, inter alia, a frame, a plurality of wire
spool receiving compartments wherein each compartment isolates
each of the wire spools from all other wire spools, and guide
means associated with each compartment. Claim 1 further
recites that the plurality of wire spool receiving
compartments include a first row of laterally disposed
compartments and a second row of laterally disposed
compartments disposed at a vertical location that is above the
first row of laterally disposed compartments. Claim 1 also
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007