Appeal No. 1996-2986
Application 08/348,625
discussed, the 35 U.S.C. § 101 rejection of these claims is
not sustained.
We now consider the 35 U.S.C. § 103 rejection of claims
1-11 and 21-29 as being unpatentable over either one of
Rietsch or Potter in view of “well known practices in the
art.”
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the Examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
837
F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so
doing, the Examiner is expected to make the factual
determinations set forth in Graham v. John Deere Co., 383 U.S.
1,
17, 148 USPQ 459, 467 (1966), and to provide a reason why one
having ordinary skill in the pertinent art would have been led
to
modify the prior art or to combine prior art references to
arrive
7
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