Appeal No. 2006-0987
Application 10/011,818
examiner’s mere speculation as to the purchase and return process at Best Buy is not
sufficient for establishing a prima facie case of obviousness. See In re Warner, 379
F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), cert. denied, 389
U.S. 1057 (1968); In re Sporck, 301 F.2d 686, 690, 133 USPQ 360, 364
(CCPA 1962).
We therefore conclude that the examiner has not carried the
burden of establishing a prima facie case of obviousness of the
appellant’s claimed invention.
DECISION
The rejection of claims 33-57 under 35 U.S.C. § 103 over Klein
in view of official notice supported by Hoffman is reversed.
REVERSED
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