Appeal No. 2001-0476
Application No. 08/768,231
VACATUR
The decision of the Board must be supported by substantial
evidence. In re Lee, 277 F.3d 1338, 1341, 61 USPQ2d 1430, 1432
(Fed. Cir. 2002). Thus, the Board must set forth its findings
and the grounds thereof as supported by the record and explain
its application of the law to the facts. Id. 277 F.3d at 1343,
61 USPQ2d at 1433.
I. Determining the Rejection
In deciding the issues before us, we must review the
Examiner's rejection to determine what the prior art teaches and
to see how the prior art is applied to Appellant's claims. In
doing so, we note that claims 1, 3, 5 through 7, 13 through 16,
21 through 24 and 27 through 45 stand rejected under 35 U.S.C.
§ 103 as being obvious over a first reference "and/or" a second
reference in "view of" a third reference "and/or" a fourth
reference. We further note that claims 1, 3, 41 and 45 also3
stand rejected under 35 U.S.C. § 103 as being obvious over a
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007