Appeal No. 1999-0855
Application No. 08/730,468
most suggests only the determination of the number of data
records to then decide how large the sort tree should be.
There is no indication on the record by the Examiner as to how
the proposed combination of APA and Amsbury would meet the
specifics of the language of the claims on appeal. In order
for us to sustain the Examiner’s rejection under 35 U.S.C. §
103, we would need to resort to speculation or unfounded
assumptions or rationales 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).
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