Ex parte ANDERSON - Page 10




          Appeal No. 1997-2036                                                        
          Application No. 08/335,991                                                  


          chambers.  Accordingly, Blanks does not cure the deficiencies               
          of Brown.3                                                                  
               Furthermore, 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, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir.                   
          1988).  In so doing, the examiner is required to provide a                  
          reason why one having ordinary skill in the pertinent art                   
          would have been led to                                                      


          modify the prior art to arrive at the claimed invention.  Such              
          reason must stem from some teaching, suggestion or implication              
          in the prior art as a whole or knowledge generally available                
          to one having ordinary skill in the art.  Uniroyal, Inc. v.                 
          Rudkin-Wiley, 837 F.2d 1044, 1052, 5 USPQ2d 1434, 1438 (Fed.                
          Cir. 1988), cert. denied, 488 U.S. 825 (1988).  These showings              
          by the examiner are an essential part of complying with the                 
          burden of presenting a prima facie case of obviousness.  Note               


               We note that Dion was added in the rejection of claim 3.  However,3                                                                     
          since claims 1 through 3 have been grouped together, and appellant has not  
          provided any arguments as to the applicability of Dion, we will not discuss 
          Dion further in this decision.                                              
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