Appeal No. 1997-2915
Application No. 08/087,227
modification, the prior art must have suggested the
desirability of the modification. Id. The Guerra reference
contains no suggestion that a textured top layer was even
known in the prior art much less desirable.
In summary, as reflected by our discussion above, the
section 103 rejections advanced by the examiner on this appeal
are impermissibly based upon unsupported generalities rather
than facts. In re Freed, 425 F.2d 785, 787, 165 USPQ 570, 571
(CCPA 1970). It follows that we cannot sustain the examiner’s
rejections of the appealed claims as being unpatentable over
Guerra or Altman.
The decision of the examiner is reversed.
REVERSED
Bradley R. Garris )
Administrative Patent Judge )
)
)
)
Thomas A. Waltz ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Peter F. Kratz )
Administrative Patent Judge )
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