Appeal No. 96-3901
Application 08/192,638
Bremmer does not teach measuring the maximum amplitude in the
read signal for the track but simply provides a predetermined
reference voltage which Bremmer hopes to be close enough to
the actual maximum amplitude.
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 is
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). Therefore, we will not sustain the
rejection of claims 1 through 15 under 35 U.S.C. § 103.
We have not sustained the rejection of claims 1
through 15 under 35 U.S.C. § 103. Accordingly, the Examiner's
decision is reversed.
REVERSED
KENNETH W. HAIRSTON )
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