Appeal No. 1997-0915
Application 08/369,853
control signals to cause a measurement to be displayed in
either Policastro or Sasaki.
The Examiner further states that Appellants have ignored
the level of ordinary skill in the art and that "utilizing
multiple data control signals to configure the peripheral
devices of a computer system (e.g., display devices) are all
techniques and concepts that are well-known within the
computer communications and display art" (EA22). This is not
the kind of fact that lends itself to the taking of Official
Notice. "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."
See In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA
1970); accord In re Pardo, 684 F.2d 912, 917, 214 USPQ 673,
677 (CCPA 1982). See also In re Eynde, 480 F.2d 1364, 1370,
178 USPQ 470, 474 (CCPA 1973) (court will not take judicial
notice of the state of the art). Official Notice is intended
for facts which are common knowledge or capable of
unquestionable demonstration. See In re Knapp-Monarch Co.,
296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA 1961). See also
In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72 (CCPA
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