Appeal No. 2005-1469 Page 7
Application No. 10/463,751
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). Accordingly, the Examiner's
rejections of appealed claims 1 to 27 are reversed.
REVERSED
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)
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
PETER F. KRATZ ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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JEFFREY T. SMITH )
Administrative Patent Judge )
JTS/kis
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