Appeal No. 2005-1472 Page 6
Application No. 09/750,984
polypropylene layers when one is aware that certain
polypropylene layers exhibit weak bonds of the film
layers to one another is also well within the skill of
the art, as is to adapt this parameter to the bond
strength of the adhesive layer on the backing to
whatever value is desired.
The difficulty we have with that alternatively stated
position of the examiner and the rejections premised thereon is
that the examiner has not supported that presentation of
propositions based on “belief” with adequate evidence that is
appropriately referenced and of sufficient weight to document
the examiner’s statements as to what is within the skill of the
art and well known.
A determination of obviousness must be based on supported
facts, not on unsupported generalities. See In re Freed, 425
F.2d 785, 165 USPQ 570, 572 (CCPA 1970); In re Warner, 379 F.2d
1011, 154 USPQ 173, 177-178 (CCPA 1967). The mere fact that the
prior art could be modified as proposed by the examiner is not
sufficient to establish a prima facie case of obviousness. See
In re Fritsch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783 (Fed.
Cir. 1992).
Without such properly referenced supporting evidence to
establish that the claimed subject matter would have been
reasonably suggested to one of ordinary skill in the art at the
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