Appeal No. 97-0903
Application No. 08/266,865
little detail of the claimed invention. The examiner must
recognize that when the “little” details become the focus of
patentability, the examiner’s position must be supported by an
appropriate factual record or by a reasoned analysis which
clearly supports the obviousness of the argued differences.
Neither the
supporting factual record nor the reasoned analysis is present
in this case.
In summary, we have not sustained the examiner’s
rejection of independent claim 1 or of dependent claims 2 and
3 which stand or fall therewith. Accordingly, the decision of
the examiner rejecting claims 1-3 is reversed.
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