Ex parte DAWLEY et al. - Page 8




          Appeal No. 1999-0231                                                        
          Application No. 08/472,354                                                  


          1013, 1016, 173 USPQ 560, 562 (CCPA 1972).  Furthermore, the                
          conclusion that the claimed subject matter is prima facie                   
          obvious must be supported                                                   
          by evidence, as shown by some objective teaching in the prior               
          art or by knowledge generally available to one of ordinary                  
          skill in the art that would have led that individual to                     
          combine the relevant teachings of the references to arrive at               
          the claimed                                                                 
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988).  Rejections based on  103 must                
          rest on a factual basis with these facts being interpreted                  
          without hindsight reconstruction of the invention from the                  
          prior art.  The examiner may not, because of doubt that the                 
          invention is                                                                
          patentable, resort to speculation, unfounded assumption or                  
          hindsight reconstruction to supply deficiencies in the factual              
          basis for the rejection.  See In re Warner, 379 F.2d 1011,                  
          1017, 154 USPQ 173, 177 (CCPA 1967), cert. denied, 389 U.S.                 
          1057 (1968).                                                                
               Fellows discloses a first embodiment (see Fig. 1) in                   
          which a stretchable seamless printing sleeve 17 is fitted onto              
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