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).
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