Appeal No. 1998-2603
Application 08/483,641
We fail to see how Beard’s allowing one icon to be,
or not to be, placed on top of another icon meets the claimed
requirement of selecting a pattern from a plurality of
patterns. Also, we see nothing in MsWin that meets this
requirement. We are not inclined to dispense with proof by
evidence when the proposition at issue is not supported by a
teaching in a prior art reference, common knowledge or
unquestionable demonstration. Our reviewing court requires
this evidence in order to establish a prima facie case. In re
Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA
1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72
(CCPA 1966). Accordingly, we will not sustain
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