Appeal No. 2000-1377
Application No. 08/628,415
Although we believe it may have been well known to use an address-exchange
server for storing an old and new e-mail address, we decline to take Official notice of
this fact based only on personal knowledge. See In re Zurko, 258 F.3d 1379, 1386, 59
USPQ2d 1693, 1697 (Fed. Cir. 2001) “With respect to core factual findings in a
determination of patentability, however, the Board cannot simply reach conclusions based
on its own understanding or experience--or on its assessment of what would be basic
knowledge or common sense.” If using an address-exchange server for storing an old and
new e-mail address was well known in the computer system arts, or in the arts dealing with
the inventor’s particular problem dealing with discovering changed email addresses of
recipients, the examiner should have no trouble finding an appropriate reference.
The examiner’s decision rejecting claims 1, 9, 10, 18, 19 and 27 under 35 U.S.C. §
103 is reversed and the application is remanded to the examiner for action consistent with
our directions herein.
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