Appeal No. 96-3950
Application No. 08/131,056
Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37
USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80
(1996) citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721
F.2d 1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984).
We agree with Appellants' contention at page 30 of the
Reply Brief that the Examiner has provided no showing of where
the particular commands recited in claim 3 are found in the
cited Dennis and Komura patents nor in any other prior art
printing systems. In addition, we note that the resolution
and margins commands are recited along with a page mode
command as being included in the image initialization
commands, a feature not addressed by the Examiner. 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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