Appeal No. 2001-0114
Application 09/240,712
forward with evidence or argument shift to the Appellants.
Oetiker, 977 F.2d at 1445, 24 USPQ at 1444. See also Piasecki,
745 F.2d at 1472, 223 USPQ at 788.
When determining obviousness, “the [E]xaminer can satisfy
the burden of showing obviousness of the combination ‘only by
showing some objective teaching in the prior art or individual to
combine the relevant teachings of the references.’” In re Lee,
277 F.3d 1338, 1343, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002),
citing In re Fritch, 972 F.2d 1260, 1265, 23 USPQ2d 1780, 1783
(Fed. Cir. 1992). “Broad conclusory statements regarding the
teaching of multiple references, standing alone, are not
‘evidence.’” In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614,
1617. “Mere denials and conclusory statements, however, are not
sufficient to establish a genuine issue of material fact.”
Dembiczak, 175 F.3d at 999, 50 USPQ2d at 1617, citing McElmurry
v. Arkansas Power & Light Co., 995 F.2d 1576, 1578, 27 USPQ2d
1129, 1131 (Fed. Cir. 1993).
“In reviewing the [E]xaminer’s decision on appeal, the Board
must necessarily weigh all of the evidence and arguments.” In re
Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. “[T]he Board must
not only assure that the requisite findings are made, based on
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