Appeal No. 2000-0315
Application 08/671,983
application of the law to the facts. See In re Lee, 2000 U.S.App. LEXIS 855, 856-7 (Fed.
Cir. 2002). Findings of fact relied upon in making the obviousness rejection must be
supported by substantial evidence within the record. See In re Gartside, 203 F.3d 1305,
13154, 53 USPQ2d 1769, 1775 (Fed. Cir. 2000).
In sum, while we agree with the Examiner that there is motivation to substitute
the Nichols bottom into the Allen structure, the motivation for eliminating the ribs of Allen
has not been established with substantial evidence in this record. Accordingly, we are
constrained to reverse the obviousness rejection.
Summary of Decision
The rejection of claims 1 - 18 under 35 U.S.C. §103(a) as unpatentable over
Allen in view of Nichols is reversed.
REVERSED
)
PAUL LIEBERMAN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
)
CATHERINE TIMM )
Administrative Patent Judge ) APPEALS AND
)
)
) INTERFERENCES
JAMES T. MOORE )
Administrative Patent Judge )
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