Ex Parte OHMORI et al - Page 4




          Appeal No. 2003-0796                                                         
          Application No. 09/260,031                                                   


          and does not generate any interpolation data to be used by a                 
          texture processing circuit in dividing the coordinates of a                  
          texture included in that interpolation data (brief, page 10 and              
          oral hearing).                                                               
               In response, the Examiner asserts that “mathematical                    
          circuitry for performing mathematical functions in the texture               
          processing circuit” is disclosed by Hannah (answer, page 4).  The            
          Examiner further reasons that modifying the mathematical                     
          circuitry of Hannah to perform various mathematical functions                
          other than addition would have been obvious (id.).                           
                    In rejecting claims under 35 U.S.C. § 103, the Examiner            
          bears the initial burden of presenting a prima facie case of                 
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d              
          1955, 1956 (Fed. Cir. 1993).  To reach a conclusion of                       
          obviousness under § 103, the examiner must produce a factual                 
          basis supported by teaching in a prior art reference or shown to             
          be common knowledge of unquestionable demonstration.  Such                   
          evidence is required in order to establish a prima facie case.               
          In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-88                 
          (Fed. Cir. 1984).  However, “the Board must not only assure that             
          the requisite findings are made, based on evidence of record, but            
          must also explain the reasoning by which the findings are deemed             
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