Appeal No. 96-0654
Application 08/103,207
Appellant's claims.
The Examiner has failed to show that the prior art
suggested the desirability of the Examiner's proposed
modification. 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).
Therefore, we find that the Examiner has failed to establish
why one having ordinary skill in the art would have been led
to the claimed invention by teachings or suggestions found in
the prior art.
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