Appeal No. 1996-3960
Application No. 08/380,444
As stated above, we find that Gilbert fails to teach that
the low frequency waveguide is capacitively coupled to the
antenna. Further, as Gilbert teaches that the low frequency
wave guide is directly coupled to that antenna, we find that
Gilbert fails to provide suggestion to capacitively couple the
low frequency waveguide to the antenna. We note that the
Examiner has taken Official Notice that capacitively coupling
is well known. However, the Examiner has provided no evidence
supporting this assertion. Upon challenge of the assertions
by the Appellant, the Examiner should have supplemented the
stated rejection with a reference providing evidence of
Noticed assertions. We are not inclined to dispense with
proof by evidence when the proposition at issue is not
supported by a teaching in a prior art reference or shown to
be common knowledge of unquestionable demonstration. Our
reviewing court requires this evidence in order to establish a
prima facie case. In re Piasecki, 745 F.2d 1468, 1471-72, 223
USPQ 785, 787-88 (Fed. Cir. 1984); In re Knapp-Monarch Co.,
296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA 1961); In re Cofer, 354
F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA 1966). Furthermore,
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