Appeal No. 2000-0505
Application 08/856,743
respect to the Strong reference. On the other hand, with
respect to the Koch reference, the examiner states that Koch
discloses a self-aligning ball and socket bearing comprising a
one-piece journal box forming a cavity for receiving the
bearing therein. In our view, this finding by the examiner is
based on supposition and conjecture in that Koch has little
disclosure directed to the structure of his outer socket or
ring 14. Without a clear and supportable factual finding that
Koch discloses a one-piece outer ring, the examiner's
rejection lacks the suitable factual basis for a prima facie
case of obviousness. The examiner's conclusion that "as
taught by Koch, it would have been obvious . . . to form the
journal box as a one-piece component" (answer, page 4) cannot
be sustained.
Turning to the rejection of the claims based on the Koch
reference taken alone, viz., claims 1, 3, 4 and 7, the
rejection based on Koch alone has the same factual
shortcomings as the rejection based on Strong in view of Koch.
There is insufficient detail in the Koch reference to support
the examiner's finding. Additionally, the examiner's
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