Ex parte SUWABE - Page 4




          Appeal No. 96-3961                                                          
          Application No. 08/295,268                                                  


               We have carefully considered the subject matter on                     
          appeal, the rejections advanced by the Examiner and the                     
          evidence                                                                    
          of obviousness relied upon by the Examiner as support for the               
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, Appellant’s                        
          arguments set forth in the Brief along with the Examiner's                  
          rationale in support of the rejections and arguments in                     
          rebuttal                                                                    
          set forth in the Examiner's Answer.  It is our view, after                  
          consideration of the record before us, that the collective                  
          evidence relied upon and the level of skill in the particular               
          art would not have suggested to one of ordinary skill in the                
          art the obviousness of the invention as set forth in claims 1-              
          8. Accordingly, we reverse.                                                 
              In rejecting claims under 35 U.S.C. § 103, it is                        
         incumbent upon the Examiner to establish a factual basis to                  
         support the legal conclusion of obviousness.  See In re Fine,                
         837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).  In               
         so doing, the Examiner is expected to make the factual                       


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