Ex parte JANNEY - Page 4




          Appeal No. 1997-1578                                                        
          Application No. 08/212,292                                                  


               We have carefully considered the subject matter on                                                                     
          appeal, the rejection advanced by the Examiner, the arguments               
          in support of the rejection 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                 
          rejections 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 set forth in              
          claims 12-19.   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,               
          837                                                                         
          F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).  In so               
          doing, the Examiner is expected to make the factual                         


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