Ex parte SHOURESHI - Page 5




          Appeal No.  1997-1573                                                       
          Application No.  08/276,551                                                 


               Rather than reiterate the arguments of Appellant and the               
          Examiner, reference is made to the Brief and Answer for the                 
          respective details thereof.                                                 
                                       OPINION                                        
               We have carefully considered the subject matter on                     
          appeal, the rejection advanced by the Examiner and the                      
          evidence of obviousness relied upon by the Examiner as support              
          for the rejection.  We have, likewise, reviewed and taken into              
          consideration, in reaching our decision, Appellant’s arguments              
          set forth in the Brief along with the Examiner’s rationale in               
          support of the rejection and arguments in rebuttal set forth                
          in the Examiner’s Answer.                                                   
               It is our view, after consideration of the record before               
          us, that the evidence relied upon and the level of skill in                 
          the particular art would not have suggested to one of ordinary              
          skill in the art the obviousness of the invention as set forth              
          in claims 1, 2, 4, 7 through 9, 15, and 16.  Accordingly, we                
          reverse.                                                                    
               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,               
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