Appeal No. 2003-1051
Application No. 09/247,134
The examiner relies on the following references:
Manduley 5,648,916 Jul. 15, 1997
Kolling et al. (Kolling) 5,963,925 Oct. 05, 1999
(filed Oct. 8, 1997)
Lech et al. (Lech) 6,094,505 Jul. 25, 2000
(filed Mar. 19, 1998)
Claims 1-6, 8-22 and 26 stand rejected under 35 U.S.C. § 103
as unpatentable over Kolling in view of Manduley and further in
view of Lech.
Claims 13-25 stand rejected under 35 U.S.C. § 103 as
unpatentable over Manduley in view of Kolling and further in view
of Lech.
Thus, all of the claims stand rejected under 35 U.S.C. § 103
over the combination of Kolling, Manduley and Lech.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
In rejecting claims under 35 U.S.C. § 103, it is incumbent
upon the examiner to establish a factual basis to support the
legal conclusion of obviousness. See In re Fine, 837 F.2d 1071,
1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so doing, the
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