Ex parte FERNANDEZ et al. - Page 6






            Based upon the above analysis, we have determined that the examiner’s legal                  
            conclusion of obviousness is not supported by the facts.  “Where the legal                   
            conclusion [of obviousness] is not supported by the facts, it cannot stand.”  See  In        
            re Warner, 379 F.2d  1011, 1017, 154 USPQ 173, 178 (CCPA 1967).                              


                                                                                                         































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