Ex parte VAN DEN BROEK et al. - Page 12

          Appeal No. 1997-4442                                                         
          Application 08/353,040                                                       

          between Drabkin and the claimed subject matter by saying that                
          selection of the values would have been within the level of                  
          ordinary skill in the art.  This is a factually unsupported                  
          conclusion at the argued point of novelty.  While we have no                 
          doubt that material selection is within the level of ordinary                
          skill in the art, there is no evidence in the rejection before               
          us that one of ordinary skill in the art would have been                     
          motivated to select the differences in resistance values and                 
          TCR values to be maximally a factor of 10.  In the absence of                
          evidence supporting the Examiner's conclusion, we conclude                   
          that the Examiner has not established a prima facie case of                  
          obviousness.  The rejection of claims 2-6 is reversed.                       
               The rejections of claims 2-6 are reversed.                              

                         ERROL A. KRASS                      )                         
                         Administrative       Patent Judge   )                         
                                                        )  BOARD OF PATENT             
                         LEE E. BARRETT                      )     APPEALS             
                         Administrative Patent Judge    )       AND                    
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