Appeal No. 2000-1491 Page 12
Application No. 09/067,811
184 F.3d 1339, 1355, 51 USPQ2d 1385, 1397 (Fed. Cir. 1999).
The test for an implicit showing is what the combined
teachings, knowledge of one of ordinary skill in the art, and
the nature of the problem to be solved as a whole would have
suggested to those of ordinary skill in the art. See In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981) (and
cases cited therein). Whether the examiner relies on an
express or an implicit showing, the examiner must provide
particular findings related thereto. See Dembiczak, 175 F.3d
at 999, 50 USPQ2d at 1617. Broad conclusory statements
standing alone are not "evidence." Id.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 to 7 under 35 U.S.C. § 112 is reversed and the
decision of the examiner to reject claims 1 to 7 under 35
U.S.C. § 103 is reversed. In addition, we have remanded the
application to the examiner for further action.
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