stator pole and disabling the switching means at a fixed angle
after alignment of the rotor pole with the energized stator
pole. 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).
We have not sustained the rejection of claims 1 through
13 under 35 U.S.C. § 103. Accordingly, the Examiner's
decision is reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
15
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