Appeal No. 1997-1207
Application 08/272,590
The references relied on by the Examiner are:
East et al. (East) 5,321,841 Jun. 14, 1994
(Effectively filed, Jun. 29, 1989)
Lockwood 5,339,443 Aug. 16,
1994
(Effectively filed, Nov. 19, 1991)
Claims 1, 2, 4, 6, 8 and 9 stand rejected under 35
U.S.C.
§ 103 over Lockwood and East.
Reference is made to Appellants’ brief and the Examiner's
answer for their respective positions.
OPINION
We have considered the record before us, and we will
reverse the rejection of claims 1, 2, 4, 6, 8 and 9.
In rejecting claims 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,
837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In
so doing, the Examiner is expected to make the factual
determinations set forth in Graham v. John Deere Co., 383 U.S.
1, 17, 148 USPQ 459, 467
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007