Ex parte SCHNEBLY et al. - Page 3




          Appeal No. 1999-0574                                                        
          Application No. 08/583,588                                                  


          103 as being unpatentable over the teachings of Zerillo and                 
          the admitted prior art in view of Clemmons.                                 
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the brief and the answer for                 
          the respective details thereof.                                             
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the                     
          evidence of obviousness relied upon by the examiner as support              
          for the rejections.  We have, likewise, reviewed and taken                  
          into consideration, in reaching our decision, the appellants’               
          arguments set forth in the brief along with the examiner’s                  
          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record                           
          before us, that the evidence relied upon does not support the               
          rejections as formulated by the examiner.  Accordingly, we                  
          reverse.                                                                    
          In rejecting claims under 35 U.S.C. § 103, it is                            
          incumbent upon the examiner to establish a factual basis to                 
          support the legal conclusion of obviousness.  See In re Fine,               
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