Appeal No. 1998-3362
Application No. 08/516,773
rejection, the Examiner makes reference to the disclosure at
column 6, lines 6-15 of Katayama which describes the frame-
sequential read out of Y, U, and V component data (which the
Examiner has likened to bit planes) as supporting the
conclusion that serial read out is taking place. In our view,
however, this cited portion of the Katayama disclosure
describes only the read out of data from frame to frame in
sequential frame order, and not in what manner the data bits
are read from each of the Y, U, and V frames. Although the
Examiner suggests (Answer, page 10) that most image
compression systems are serial in nature, such assertion is
devoid of any supporting evidence on the record. 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 capable of unquestionable
demonstration. Precedence of 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).
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