Appeal No. 95-4730
Application No. 08/061,495
To the extent that the examiner is relying on, and taking
official notice of, common knowledge in the art that “the
combination of complementary recognition algorithms can
achieve improved accuracy results,” we cannot agree absent any
evidence showing what the examiner alleges to be well known.
Assertions of technical facts in areas of esoteric technology,
such as the handwriting recognition technology before us, must
always be supported by citation to some reference work
recognized as standard in the pertinent art and the appellant
given the opportunity to challenge the correctness of the
assertion or the notoriety or repute of the cited reference.
In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA
1970).
The only evidence proffered by the examiner as proof of
the alleged common knowledge in the art is the Tyburski
reference. Thus, the question is whether or not Tyburski
does, indeed, teach that “the combination of complementary
recognition algorithms can achieve improved accuracy results.”
After review of the Tyburski reference, we find that it
does disclose the use of two disparate types of character
recognition, one being magnetic, the other being optical. If
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