Appeal No. 2004-0138 Application No. 09/311, 800 For the foregoing reasons and those stated in the Briefs, we determine that the Examiner’s conclusion of obviousness is not supported by facts. “Where the legal conclusion [of obviousness] is not supported by facts it cannot stand.” In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967). - 6 -Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007