Appeal No. 2000-2255
Application No. 09/123,522
425, 208 USPQ at 881. Further, in considering the disclosure of
a reference, it is proper to take into account not only specific
teachings of the reference but also the inferences which one
skilled in the art would reasonably be expected to draw
therefrom. In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344
(CCPA 1968).
We have also reviewed the declaration filed under 37 CFR
§ 1.132 by Toshiyuki Zaitsu, the listed inventor in the instant
application, in support of the position that the claimed
invention is unobvious over the applied prior art. We find
nothing in this declaration, which merely sets forth an
unsupported expression of opinion as to the question of
obviousness over the applied prior art, which would convince us
of any error in the Examiner’s position. Conclusions drawn from
factually unsupported expressions of opinion have little
probative value in relation the question of obviousness over
prior art references, the ultimate issue to be decided in this
appeal.
In view of the above discussion and the totality of the
evidence on the record, it is our opinion that the Examiner has
established a prima facie case of obviousness which has not been
rebutted by any convincing arguments from Appellant.
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