Appeal No. 1997-2862
Application 08/069,052
We are not inclined to dispense with proof by evidence when the proposition at issue is not
supported by a teaching in a prior art reference or shown to be common knowledge of unquestionable
demonstration. Our reviewing court requires this evidence in order to establish a prima facie case. In
re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-88 (Fed. Cir. 1984); In re Knapp-
Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA 1961); In re Cofer, 354 F.2d 664, 668,
148 USPQ 268, 271-72 (CCPA 1966).
In view of the foregoing, we have not sustained the rejection of claims 11 and 13-20 under 35
U.S.C. § 103. Accordingly, the Examiner's decision is reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOSEPH L. DIXON )
Administrative Patent Judge )
7
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007