Appeal No. 98-1457 Page 11
Application No. 08/530,006
the actual rejections before us on appeal (see pages 4-10 of
the answer). In addition, there is no evidence in the record
that one of ordinary skill in this art would have known about
this "well-known engineering knowledge." Moreover, while an
artisan may be presumed to know something about the art apart
from what references teach, it is the burden of the examiner to
establish a sufficient factual basis for one to be able to draw
such a presumption. This was not done in this instance.
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