Appeal No. 1997-3026 Page 3
Application No. 08/344,053
sandwiched therebetween, said layer of cured adhesive
comprising electrically conductive means.
The examiner relies on the following references:
Ishiyama 4,686,408 Aug. 11,
1987
Gorton et al. (Gorton) 5,126,616 Jun. 30,
1992
Smith 5,329,496 Jul. 12,
1994
Claims 1 through 3, 5 through 12, 14 and 15 stand rejected
under 35 U.S.C. 103. As evidence of obviousness, the examiner
offers Smith, Ishiyama and Gorton.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
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 determinations set
forth in Graham v. John Deere Co., 383 U.S. 1, 17 (1966), and
to provide a reason why one having ordinary skill in the
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