Appeal No. 2001-2421
Application No. 09/092,577
modification. As pointed out by our reviewing court, “the Board
must not only assure that the requisite findings are made, based
on evidence of record, but must also explain the reasoning by
which the findings are deemed to support the agency’s
conclusion.” In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430,
1434 (Fed. Cir. 2002). Here, we do not find that the Examiner’s
findings and reasoning satisfy this requirement. Accordingly, we
do not sustain the obviousness rejection of claim 17 over Scrivo
or Miller.
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