Appeal No. 1997-1812
Application 08/055,382
with the claimed adjusting means (claims 4, 12, 14, 19 and 24)
or panel unit construction (claims 32 and 33). For this
reason alone, the § 103 rejection of claims 4, 12, 14, 19, 24,
32 and 33 must fail for lack of a sufficient factual basis.
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1968).
Furthermore, even if we were to agree with the examiner
that the subject matter of claims 4, 12, 14, 19, 24, 32 and 33
would have been obvious, the incorporation of same into the
turntable of Coffey would not cure the basic deficiencies of
the Coffey device discussed above in our treatment of the §
102 rejection of independent claim 1, from which claims 4, 12,
14, 32 and 33 depend, and independent claim 18, from which
claims 19 and 24 depend.
For these reasons, we will not sustain the standing § 103
rejection of claims 4, 12, 14, 19, 24, 32 and 33.
The § 103 rejections based on Coffey and Other Prior Art
Claims 7 and 8, rejected as being unpatentable over
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