Appeal No. 95-5030
Application 07/815,694
characteristic in any networking system.
(See. IEEE 802 + standards for LAN's) . . . .
Such limitations to information regarding
data [sic, is] in not patentable over IEEE
standards nor over the prior art of Fava et
al in view of Miro.
The appellants disagree that the limitation at issue is a
basic characteristic of any networking system and notes that the
examiner has not furnished a copy of any IEEE publication or
alternative form of evidence relating to IEEE standards to the
appellants (Br. at 14-15). We will not simply take the
examiner's word as sufficient evidentiary support for an
important finding of fact, where the appellants have challenged
the examiner's position and discussed examples inconsistent with
the examiner's position. In In re Ahlert, 424 F.2d 1088, 1091,
165 USPQ 418, 420 (CCPA 1970), the Federal Circuit has stated:
Assertions of technical facts in areas of
esoteric technology must always be supported
by citation to some reference work recognized
as standard in the pertinent art and the
appellant given, in the Patent Office, the
opportunity to challenge the correctness of
the assertion or the notoriety or repute of
the cited reference.
Even though the examiner has referred to IEEE standards as
having certain features, no IEEE publication or other IEEE type
prior art has been included in the basis of the rejection. We
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