Appeal No. 1996-3320 Page 9
Application No. 08/342,955
F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir. 1992).
Accordingly, on this record, the rejection fails for lack of a
sufficient factual basis upon which to reach a conclusion of
obviousness. See In re Fine, 837 F.2d 1071, 1073, 5 USPQ2d
1596, 1598 (Fed. Cir. 1988).
Because we reverse on the basis of failure to establish a
prima facie case of obviousness, we need not reach the issue of
the sufficiency of appellants' showing of alleged unexpected
results. See In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276,
1278 (Fed. Cir. 1987).
Accordingly, the rejections of claims 8, 9, 12, 14, 17,
and 18 under 35 U.S.C. § 103 as being unpatentable over Lucey in
view of Bagga, and the rejection of claims 8-12 and 14-18 under
35 U.S.C. § 103 as being unpatentable over Lucey in view of
Bagga further in view of Flynn and Nawata cannot be sustained.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007