Appeal No. 2001-0013
Application 08/936,222
Notice is known to the artisan. The MPEP states that the
examiner may take Official Notice of facts outside of the record
which are capable of instant and unquestionable demonstration as
being “well-known” [MPEP § 2144.03]. Although the examiner may
be convinced that he need not find a feature which he considers
to be well-known in this art, appellant challenges this finding,
and we find that this is not the type of finding which can be
unquestionably and instantly demonstrated. Official Notice may
not be substituted for facts which cannot be instantly and
unquestionably demonstrated. Therefore, the examiner’s rejection
fails to establish a prima facie case of obviousness.
In summary, the examiner’ rejection of claims 3, 4, 6-10
and 13-17 is sustained with respect to claims 4, 6 and 13, but is
not sustained with respect to claims 3, 7-10 and 14-17.
Therefore, the decision of the examiner rejecting claims 3, 4, 6-
10 and 13-17 is affirmed-in-part.
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