10
Based upon the above analysis, we have determined that the examiner’s legal
conclusion of anticipation and obviousness is not supported by the facts. “Where the
legal conclusion is not supported by [the] facts, it cannot stand.” In re Warner,
379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967).
DECISION
The rejection of claims 11 through 18 under 35 U.S.C. § 102(b) as anticipated by
Gladrow ‘818 is reversed.
The rejection of claims 11 through 18 under 35 U.S.C.§ 103(a) as unpatentable over
Gladrow ‘818 affirmed.
. The rejection of claim 19 under 35 U.S.C. § 102(b) as anticipated by or, in the
alternative, under 35 U.S.C. § 103(a) as obvious over Gladrow ‘309 is reversed.
The rejection of claims 11 through 18 under 35 U.S.C. § 103(a) as being u
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