Appeal No. 97-0128
Application No. 08/098,989
arguments set forth in the Briefs along with the Examiner's
rationale in support of the rejections and arguments in
rebuttal
set forth in the Examiner's Answers. 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,
6-8, and 10-15. Accordingly, we reverse.
Appellants have indicated (Brief, page 3) that, for the
purposes of this appeal, all of the claims subject to each
rejection will stand or fall together. Consistent with this
indication, Appellants have made no separate arguments with
respect to any of the claims within each rejected group.
Accordingly, we will consider the claims separately only to
the extent that separate arguments are of record in this
appeal.
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
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