Appeal No. 2003-1560 Page 6
Application No. 09/899,985
claimed subject matter. See pages 9 and 10 of the brief.
Accordingly, on this record, the rejection fails for lack of a
sufficient factual basis upon which to reach a conclusion of
obviousness. In re Fine, 837 F.2d 1071, 1073-74, 5 USPQ2d 1596,
1598 (Fed. Cir. 1988).
Since the examiner has not explained how Murphy, the
additional reference applied in the § 103(a) rejection of
dependent claims 4 and 5, or Schmelz, the additional reference
applied in the § 103(a) rejection of dependent claims 10 and 11,
cure the above-noted deficiencies, all of the § 103(a) rejections
are reversed.
CONCLUSION
The decision of the examiner to reject claims 1-3 and 13
under 35 U.S.C. § 102(b) as being anticipated by Takeshima; to
reject claims 1-3 and 13 under 35 U.S.C. § 103(a) as being
unpatentable over Takeshima in view of Nishimura; to reject
claims 4 and 5 under 35 U.S.C. § 103(a) as being unpatentable
over Takeshima in view of Nishimura and Murphy; and to reject
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