Appeal No. 98-2036
Application 08/589,250
the top sheet from being displaced over its record sheet
during the application of a marking so that an accurate copy
of that marking may be applied to the record sheet. In this
light, and given the lack of any supporting evidence, we are
constrained to conclude that the examiner's bald determination
that it would have been obvious to remove the adhesive from
the securing edge margins of Drake's top sheets rests on
speculation, unfounded assumptions and/or hindsight
reconstruction of the claimed invention.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103 rejection of claims 1 and 14, or of claims 2 through 13
and 15 through 20 which depend therefrom, as being
unpatentable over Drake.
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