Appeal No. 1997-1436 Page 13
Application No. 08/419,174
F.3d 1340, 1352, 48 USPQ2d 1225, 1232 (Fed. Cir. 1998). A
broad conclusory statement regarding the obviousness of
modifying a reference, standing alone, is not "evidence."
E.g., McElmurry v. Arkansas Power & Light Co., 995 F.2d 1576,
1578, 27 USPQ2d 1129, 1131 (Fed. Cir. 1993); In re Sichert,
566 F.2d 1154, 1164, 196 USPQ 209, 217 (CCPA 1977).
For the reasons set forth above the examiner has not
established that it would have been obvious to provide Hall
Vandis' doll figure with "a sound activated switch connecting
said source of power and said first means" as set forth in
claims 13 and 14. Accordingly, the decision of the examiner
to reject claims 13 and 14 under 35 U.S.C. § 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 13 and 14 under 35 U.S.C. § 103 is reversed.
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