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. 6Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007