Appeal No. 1998-1090
Application No. 08/534,965
beam spring lever 13. There is no indication from the
Examiner as to where on the lever 13 the contacts would be
placed, let alone how any such modification would address the
specifics of the claim language of independent claims 6 and
14, which requires a specific positional relationship among
the actuator contact points, movable contacts, and adjustment
members. In order for us to sustain the Examiner’s rejection
under 35 U.S.C. § 103, 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).
9
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