Appeal No. 1998-2465
Application No. 08/599,192
fluoropolymers are poor transmitters for visible light,
references evidencing that fluoropolymers are known to
transmit infrared light better than visible light would have
been appropriate. However, no such evidence was supplied by
the examiner.
In addition, our reviewing court requires the PTO to make
specific findings on a suggestion to combine prior art
references. In re Dembiczak, 175 F.3d 994, 1000-01, 50 USPQ2d
1614, 1617-19 (Fed. Cir. 1999). In the case before us,
nowhere does the examiner particularly identify any
suggestion, teaching, or motivation to combine the infrared
light source with Tregay's probe, nor does the examiner make
any specific factual findings that might serve to support a
proper obviousness analysis. The examiner merely asserts that
all optical devices have problems with ambient light noise,
but has failed to support his assertion with references
indicating that ambient visible light has any effect in the
specific environment of an enclosed petroleum tank, nor that
infrared light solves such a problem.
Thus, the examiner has failed to set forth a prima facie
case of obviousness. Accordingly, we cannot sustain the
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