Ex Parte ROST - Page 6




         Appeal No. 2002-2128                                                       
         Application No. 08/793,984                                                 


         sustain the Examiner’s rejection under 35 U.S.C. § 103, we would           
         need to resort to impermissible 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).                            
              In view of the above discussion, it is our view that, since           
         all of the limitations of the appealed claims are not taught or            
         suggested by the applied prior art Watanabe reference, the Examiner        
         has not established a prima facie case of obviousness.                     
         Accordingly, the 35 U.S.C. § 103(a) rejection of independent claim         
         43 and its dependent claims 44-51 and 53-83, as well as independent        
         claim 84, is not sustained.                                                
              In conclusion, we have not sustained the Examiner’s 35 U.S.C.         
         § 103(a) rejection of any of the claims on appeal.  Therefore, the         
         decision of the Examiner rejecting claims 43-51 and 53-84 is               
         reversed.                                                                  









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