Appeal No. 2000-0338 Page 6
Application No. 08/624,615
1085, 1088, 37 USPQ2d 1237, 1240 (Fed. Cir. 1995)). “The range
of sources available, however, does not diminish the
requirement for actual evidence. That is, the showing must be
clear and particular. See, e.g., C.R. Bard, 157 F.3d at 1352,
48 USPQ2d at 1232. Broad conclusory statements regarding the
teaching of multiple references, standing alone, are not
‘evidence.’" Id., 50 USPQ2d at 1617(citing McElmurry v.
Arkansas Power & Light Co., 995 F.2d 1576, 1578, 27 USPQ2d
1129, 1131 (Fed. Cir. 1993); In re Sichert, 566 F.2d 1154,
1164, 196 USPQ 209, 217 (CCPA 1977)).
Here, although Boschung’s “sensor unit 4 comprises,
instead of the heating element, a plate-shaped cooling element
54, which may, for example, be a so-called Peltier element,”
col. 4, ll. 48-51, the examiner fails to show clear and
particular evidence of the desirability of including such a
cooling element in Khurgin’s ice detector. His broad
conclusory statements of “insuring correct and accurate
sensors” and accomplishing “a versatile, robust system that
would work in a myriad of weather conditions,” standing alone,
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