Ex parte KLAS et al. - Page 5




          Appeal No. 1998-0512                                                        
          Application No. 08/477,238                                                  


               The examiner apparently recognizes that Brownell merely                
          "shows the basic claimed invention showing rerouting and                    
          altering spacing between conductor traces on a circuit board"               
          (Final Rejection, page 2) and, therefore, turns to Sato.  The               
          examiner states (Final Rejection, page 2) that Sato "shows and              
          discloses specific through-board crossovers and ... states                  
          that the magnetic fluxes are segated [sic] by particular                    
          adjacent circuit sections."  The examiner concludes that it                 
          would have been obvious to modify Brownell "by providing the                
          more sophisticated cross talk-reduction circuitry of ...                    
          [Sato] to achieve the desired working range of acceptable                   
          radioactive [sic, radiative] noise reduction."                              
               In a rejection 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, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).  In so                    
          doing, the examiner is required to provide a reason from some               
          teaching, suggestion or implication in the prior art as a                   
          whole, or knowledge generally available to one of ordinary                  
          skill in the art, why one having ordinary skill in the                      
          pertinent art would have been led to modify the prior art to                
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