Appeal No. 2002-2304
Application No. 09/419,157 Page 11
that the coherency of the sources is a natural result of the
operation of the disclosure of Zhu. This, the examiner has not
shown.
Turning to the issue of whether Zhu inherently discloses
attenuation of a prespecified waveform, although we agree with
the examiner that the frequency of an electromagnetic waveform
may be calculated from the distance between the connectors, this
is not the same as prespecifying a frequency to be attenuated by
spacing of the connectors. Because the examiner has not shown
that Zhu inherently prespecifies a frequency to be attenuated by
spacing the connectors, we find that the evidence relied upon by
the examiner is insufficient to establish inherency of the
invention recited in claim 1. Accordingly, the rejection of
claim 1, along with claims 2, 4, 9, and 10, dependent therefrom,
under 35 U.S.C. § 102(b) as being anticipated by Zhu is reversed.
We turn next to the rejection of claims 11-14, 16, 20, 21,
23-29, 31, 33-42, 44, 49-56, 58, 63-73, 75, and 79-82 under 35
U.S.C. § 103(a) as being unpatentable over Zhu. 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 examiner is expected to
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007