Appeal No. 1997-1248 Application 08/480,109 a solder ball electrically and mechanically attached to said frustum cone structure encasing edges of said wettable layer and said phased layer with said solder ball forming a solder bead away from said solder non-wettable layer. The reference relied on by the Examiner is: Satou 59-117135 Jul. 6, 1984 (Japanese Kokai Patent Publication) Claims 9 to 11 stand rejected under 35 U.S.C. § 103 over Satou. Reference is made to Appellant’s briefs and the 2 Examiner's answer for their respective positions. OPINION We have considered the record before us and we will reverse the rejection of claims 9 to 11. 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 2A reply brief [paper no. 19] was filed and its entry approved without any further response from the Examiner [paper no. 20]. 3Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007