Appeal No. 1997-3161
Application No. 08/450,553
we would need to resort to speculation or unfounded
assumptions or rationales to supply deficiencies in the
factual basis of the rejection before us. In re Warner, 379
F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), cert. denied,
389 U.S. 1057 (1968), reh’g denied,
390 U.S. 1000 (1968). Since we are of the view that the prior
art applied by the Examiner does not support the rejection, we
do
not sustain the obviousness rejection of independent claims
43 and 51, nor of claims 6-9, 45, 46, and 52 through 57
dependent thereon.
In conclusion, we have not sustained any of the
Examiner’s rejections of the claims on appeal. Accordingly,
the Examiner’s decision to reject claims 6-9, 43, 45, 46, and
51-57 is reversed.
REVERSED
)
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOSEPH F. RUGGIERO )
Administrative Patent Judge ) APPEALS AND
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