Appeal No. 96-3077
Application No. 08/255,544
established a prima facie case of obviousness. In particular,
we find that the Examiner has not established that external
and object independent message path selection according to
message type is taught or suggested in the prior art.
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, common knowledge or capable 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).
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