Appeal No. 97-0655
Application 08/294,913
evidence
of anticipation and obviousness relied upon by the examiner as
support for the rejections. We have, likewise, reviewed and
taken into consideration, in reaching our decision, the
appellant’s 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 answer.
It is our view, after consideration of the record
before us, that the obviousness 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 1-17. However, we are also
of the view that the invention as broadly recited in claim 1
is fully met by the disclosure of Jamison. Accordingly, we
affirm-in-part.
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
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