Ex Parte Somerville et al - Page 6

                  Appeal No. 2003-1743                                                                                        Page 6                      
                  Application No. 09/540,205                                                                                                              

                  (CCPA 1967), cert. denied, 389 U.S. 1057 (1968), “[t]he legal conclusion of                                                             
                  obviousness must be supported by facts.  Where the legal conclusion is not supported                                                    
                  by facts it cannot stand” (emphasis in original; footnote omitted).                                                                     
                           The rejection of claims 22 and 23 for obviousness based on Gorman is reversed.                                                 
                                                                     Conclusion                                                                           
                           In conclusion, for the reasons set forth, the examiner’s decision rejecting claims 1                                           
                  through 23 under 35 U.S.C. § 103(a) as unpatentable over Gorman is reversed.                                                            


                                                                    REVERSED                                                                              





                                                                                          )                                                               
                                                      Sherman D. Winters                           )                                                      
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                                      Demetra J. Mills                             )                                                      
                                                      Administrative Patent Judge                  )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                                      Eric Grimes                                  )                                                      
                                                      Administrative Patent Judge                  )                                                      











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