Ex parte PERRY - Page 6




          Appeal No. 1998-1962                                       Page 6           
          Application No. 08/213,933                                                  


          § 103 must rest on a factual basis with these facts being                   
          interpreted without hindsight reconstruction of the invention               
          from the prior art.  The examiner may not, because of doubt                 
          that the invention is patentable, resort to speculation,                    
          unfounded assumption or hindsight reconstruction to supply                  
          deficiencies in the factual basis for the rejection.  See In                
          re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177 (CCPA 1967),              
          cert. denied, 389 U.S. 1057 (1968).                                         


               Perry discloses a security apparatus to attach components              
          of a personal computer together to deter their unauthorized                 
          removal.  As shown in Figures 1-4, the security apparatus                   
          includes a central anchor 2 and several (up to five in the                  
          case of the illustrated embodiment) peripheral anchors 4.                   


               Perry's central anchor 2 comprises first and second                    
          plates 8 and 10.  Plate 8 is formed with five cylindrical                   
          holes 12, and plate 10 is formed with five cylindrical holes                
          20.  Hexagonal-headed bolts 22 are fitted in holes 12, the                  
          heads of the bolts being received in the recesses 14 and being              
          held                                                                        







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