Appeal No. 2001-0817
Application No. 09/048,876
unknown authority,” but must be “based on objective evidence of
record.” Other than appellant’s disclosed and claimed invention,
nothing in the record supports the examiner’s conclusion that it
would have been obvious to the skilled artisan to move the
bandpass filter from one location to another in Fukuden and then
replace the amplifier structure disclosed by Green with the
modified structure in Fukuden. Inasmuch as appellant’s teachings
are not available to the examiner in an obviousness
determination, we will reverse the obviousness rejection of
claims 1, 4 through 8, 10, 13 and 14.
The obviousness rejection of claims 15, 18 and 19 is
likewise reversed because the teachings of Yamada do not cure the
noted shortcomings in the teachings of Green and Fukuden.
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