Appeal No. 1997-1122 Page 8
Application No. 08/170,177
mat to retain its overall shape after hydrocarbon contact.
See In re Rouffet, 149 F.3d 1350, 1356, 47 USPQ2d 1453, 1456
(Fed. Cir. 1998).
The determination of obviousness must be based on facts,
and not on unsupported generalities. See In re Freed, 425
F.2d 785, 787, 165 USPQ 570, 571 (CCPA 1970).
Since the additional Kirk-Othmer reference applied to
claims 24 and 27 does not cure the above-noted deficiencies,
we will not sustain either of the stated rejections.
CONCLUSION
The decision of the examiner to reject claims 14, 15, 17,
20, 22, 23, 25, 26, 28-32, and 34 under 35 U.S.C. § 103 as
being unpatentable over Valley in view of Crouch and Stark and
to reject claims 24 and 27 under 35 U.S.C. § 103 as being
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