Appeal No. 2004-1269 Page 6
Application No. 09/649,157
examiner has not established with any particularity how a
specific proposed modification of any of the several particular
apparatus embodiments of Sorkin would have been suggested by the
applied prior art so as to result in the claimed structure.
Accordingly, on this record, the rejections fail for lack of
a sufficient factual basis and analysis by the examiner upon
which to reach a conclusion of obviousness. See In re Fine,
837 F.2d 1071, 1073-74, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
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