Appeal No. 2001-0073 Application 08/966,894 skill in the tubing connector art that a connector can be located either in-line, as shown in Erickson, or on the container to which the tubing goes, so as to make the use of either location obvious, the examiner has presented no evidence of this fact (a simple catalog page showing both types of connectors as alternative would have been sufficient). Thus, the examiner has failed to establish motivation for the proposed modification. We will not base a rejection on our own knowledge. See In re Zurko, 258 F.3d 1379, 1386, 59 USPQ2d 1693, 1697 (Fed. Cir. 2001) ("With respect to core factual findings in a determination of patentability, however, the Board cannot simply reach conclusions based on its own understanding or experience -- or on its assessment of what would be basic knowledge or common sense."). We do not agree with the examiner's reasoning that the fitting 66 in Erickson is part of the cartridge top panel via tube 62 because this distorts the teachings of Erickson. Moreover, the tube 62 is permanently part of the cartridge and violates the limitations of claims 22 and 26 that the interior of the cartridge is devoid of ink supply tubing when the second fitting is not mated with the cartridge fitting. While we agree that one skilled in the art would have known to use known alternative fittings to the in-line seal 66 of Erickson, the examiner has not explained why one of ordinary skill in the art would have been motivated to use the coupler in - 9 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007