Ex parte YOSHIKAWA - Page 6




          Appeal No. 98-1604                                                          
          Application 08/354,539                                                      


          Cf. In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975).              
          Since the examiner has failed to provide a proper factual basis             
          for reaching a conclusion for concluding that the above-noted               
          limitation would have been obvious (see In re Fine, supra), we              
          will not sustain the rejections of claims 16 and 18-40 under                
          35 U.S.C. § 103.                                                            
               The examiner's rejections are all reversed.                            
                                      REVERSED                                        







          HARRISON E. MCCANDLISH, Senior  )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         JAMES M. MEISTER                ) BOARD OF PATENT            
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                       )                              
               LAWRENCE J. STAAB                  )                                   
                         Administrative Patent Judge     )                            
                                                                                     





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