Appeal No. 2000-2283
Application No. 08/497,287
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), rehearing denied, 390 U.S. 1000 (1968). Given the
factual situation presented to us, it is our view that any
suggestion to make the combination suggested by the Examiner could
only come from Appellants’ own disclosure and not from any
teachings or suggestions in the references themselves.
We have also reviewed the Fukuoka reference, applied by the
Examiner to address the memory stack and time slot features of
several of the dependent claims. We find nothing, however, in the
disclosure of Fukuoka which would overcome the previously discussed
deficiencies of Sandage and Osisek.
Accordingly, since we are of the opinion that the prior art
applied by the Examiner does not support the obviousness rejection,
we do not sustain the rejection of independent claims 1, 7, 13, 19,
and 25, nor of claims 2-6, 8-12, 14-18, 20-24, and 26-30 dependent
thereon. Therefore, the decision of the Examiner rejecting claims
1-30 under 35 U.S.C. § 103(a) is reversed.
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