Appeal No. 1997-4463
Application 07/988,712
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
1966). It is the Examiner's responsibility to provide
evidence, not just conclusions.
Further, we do not agree with the Examiner that the rate
limitation is necessarily inherent in a common source system
(assuming that a common source system would have been
obvious). "The mere fact that a certain thing may result from
a given set of circumstances is not sufficient [to establish
inherency.]" In re Oelrich, 666 F.2d 578, 581-82,
212 USPQ 323, 326 (CCPA 1981) (citations omitted) (emphasis
added). As Appellant points out (Br9), Humble sends a full
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