Appeal No. 2000-1260
Application 08/518,852
In rejecting claims under 35 U.S.C. § 103, the Examiner
bears the initial burden of establishing a prima facie case of
obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,
1444 (Fed. Cir. 1992). Further, our reviewing court in In re
Dembiczak, 175 F.3d 994, 999-00, 50 USPQ2d 1614, 1617 (Fed. Cir.
1999) has said,
Broad conclusory statements regarding the teaching of
multiple references, standing alone, are not
‘evidence.’ E.g., McElmurry v. Arkansas Power & Light
Co., 995 F.2d 1576, 1578, 27 USPQ2d 1129, 1131 (Fed.
Cir. 1993) (“Mere denials and conclusory statements,
however, are not sufficient to establish a genuine
issue of material fact.”); In re Sichert, 566 F.2d
1154, 1164, 196 USPQ 209, 217 (CCPA 1977).
We note that Appellant’s claim 26 recites the following:
. . . the second set of configuration data being a set
of configuration data that was used when the computer
program was previously booted successfully. . .,
automatically determining without receiving input from
a user whether the computer program was successfully
configured in accordance with the retrieved first set
of configuration data;
when it is determined that the computer program was not
successfully configured in accordance with the
retrieved first set of configuration data,
automatically performing the steps of:
retrieving the second set of configuration data . . .
(Emphasis added).
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