Appeal No. 2003-1204
Application No. 09/592,535
It is clear that Wu never mentions anything about an intersection or a non-
intersection of vertical and horizontal axes of rotation and whether or not these axes
intersect is not clear from the drawings of Wu. Accordingly, any conclusion that these
axes do not, in fact, intersect, may only be based on speculation. Deficiencies in the
factual basis needed to support a rejection under 35 U.S.C. §103 cannot be supplied by
resorting to speculation or unsupported generalities. In re Freed, 425 F.2d 785, 787,
165 USPQ 570, 571 (CCPA 1970); In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173,
177-78 (CCPA 1967). Accordingly, we will not sustain the rejection of claims 1, 2, 13-20
and 30-36 under 35 U.S.C. §103. Moreover, we also will not sustain the rejection of
claims 12 and 30 under 35 U.S.C. §103 as obvious over Kawamoto, Wu and Kumar
because Kumar does not provide for the deficiencies noted supra with regard to the
independent claims.
Moreover, even if we agreed with the examiner that Wu disclosed or suggested
non-intersecting axes of rotation, the examiner has provided insufficient motivation that
would have led the artisan to modify Kawamoto in such a manner as to result in non-
intersecting axes of rotation. The examiner’s reasoning that it would have been obvious
to modify the hinge assembly of Kawamoto with Wu’s hinge assembly “for the purpose
of having the cover being rotating [sic] about two axes perpendicular to each other but
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