Appeal No. 2000-2251 Page 4
Application No. 08/902,206
references must be thorough and searching.” McGinley v. Franklin Sports, Inc., 262
F.3d 1339, 1351-52, 60 USPQ2d 1001, 1008(Fed. Cir. 2001). “This factual question . .
. [cannot] be resolved on subjective belief and unknown authority.” In re Lee, 277 F.3d
1338, 1343-44, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002). “It must be based on
objective evidence of record.” Id. at 1343, 61 USPQ2d at 1434.
Here, the examiner fails to show objective evidence of the desirability of
replacing Love’s non-decoding logic circuitry with decoder circuitry. His broad,
conclusory statement that such a replacement would have been “a matter of design
choice,” (Examiner’s Answer at 4), is not evidence. Therefore, we reverse the rejection
of claims 2, 9-11, 13-15, 20, and 21.
CONCLUSION
In summary, the rejection of claims 2, 9-11, 13-15, 20, and 21 under § 103(a) is
reversed.
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