Appeal No. 2000-1860 7
Application No. 08/679,243
Based upon the above findings and analysis, we conclude that the examiner has
failed to establish a prima facie case of obviousness with respect to the claimed subject
matter. Based upon the above analysis, we have determined that the examiner’s legal
conclusion of obviousness is not supported by the facts. “Where the legal conclusion [of
obviousness] is not supported by [the] facts[,] it cannot stand.” 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).
As the examiner has failed to establish a prima facie case of obviousness, there is
no need for us to consider the unexpected and superior results at pages 24-27 of the
specification.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007