Appeal No. 2001-0964
Application No. 09/069,442
the context of Korbelak’s electrodeposits. Therefore, we will
sustain the examiner’s Section 103 rejection of claims 11 and
12 as being obvious over Korbelak in view of Moon.
However, the corresponding Section 103 rejection of claim
19 as being obvious over Korbelak in view of Moon cannot be
sustained. This is because neither Korbelak nor Moon contains
any teaching or suggestion concerning the ammonium zirconium
citrate complex which is required by claim 19. Concerning this
issue, it is the examiner’s position that, “[a]lthough Moon does
not specifically disclose an ammonium zirconium citrate complex,
Moon does disclose that said conductive salts may be mixed (col.
4 [sic, 3], line 44) which would result in a complex depending on
the specific admixture” (answer, page 8). The examiner’s
aforequoted position is not well taken since it is plainly based
on conjecture, speculation or assumption, and it is well settled
that a Section 103 rejection must rest on a factual basis rather
than conjecture, speculation or assumption. 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).
Finally, we also will sustain the examiner’s Section 103
rejection of claims 16 and 17 as being obvious over Korbelak in
view of Hendriks. The appellant’s arguments against this
11
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