Appeal No. 96-3426
Application No. 08/115,274
Based upon the above analysis, we have determined that
the examiner’s legal conclusion of obviousness is not
supported by the facts. “Where the legal conclusion is not
supported by the facts it cannot stand. In re Warner, 379
F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
DECISION
The rejection of claims 1 through 4, 6 through 10 and 12
through 16 under 35 U.S.C. § 103 as unpatentable over Lahoda
in view of Guymon and Hosmer is reversed.
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