Appeal No. 1999-0475
Application No. 08/402,031
supported by any disclosure in the Montagna reference itself.
In order for us to sustain the Examiner’s rejection under 35
U.S.C. § 102(b), we would need to resort to speculation or
unfounded assumptions 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).
Accordingly, since all of the claim limitations are not
present in the disclosure of Montagna, the Examiner’s 35
U.S.C. § 102(b) rejection of independent claims 1 and 14, as
well as claims 4-6, 8-12, 16, and 17 dependent thereon, is not
sustained.
Turning to a consideration of the obviousness rejection
based on the combination of Montagna and Greulich of claims 7
and 18, dependent, respectively, on claims 1 and 14 discussed
supra, we do not sustain this rejection as well. It is
apparent, from the Examiner’s line of reasoning in the Answer,
that Greulich is added to Montagna for the sole purpose of
providing a teaching of a screen displayed option for
selecting the number of copies of a document to be printed.
We find nothing, however, in the disclosure of Greulich that
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