Appeal No. 1997-0243
Application 08/168,976
Haderle et al. (Haderle) 4,933,848 Jun. 12,
1990
Crus et al. (Crus) 5,133,068 Jul. 21, 1992
Knuth, Donald E., “The Art of Computer Programming”, Addison-
Wesley Publishing Company, Reading, Massachusetts, pgs. 159-
173 (1973). (Knuth)
Claim 1 stands rejected under 35 U.S.C. § 103 over Crus
and Knuth, or over Haderle alone. 2
Reference is made to Appellants’ briefs and the 3
Examiner's answer for their respective positions.4
OPINION
We have considered the record before us, and we will
reverse the rejection of claim 1.
In rejecting claim 1 under 35 U.S.C. § 103, it is
incumbent upon the Examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
2A new ground of rejection, based on Haderle, was added
in the Examiner’s answer.
3A reply brief was filed as paper no. 15 and a
supplemental reply brief as paper no. 17. The Examiner
presented a supplemental answer, paper no. 16, in response to
the reply brief. However, the Examiner entered the
supplemental reply brief without any further response [paper
no. 18].
4A supplemental answer was mailed as paper no. 16.
-3-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007