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). 6Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007