Appeal No. 2001-0575
Application 08/924,867
61 USPQ2d 1430 (Fed. Cir. 2002). When the examiner relies on what is asserted to be general
knowledge to negate patentability, that knowledge must be articulated and placed on the record.
We cannot rely on conclusory statements when dealing with particular combinations of prior art
and specific claims. In re Sang-Su Lee.
Even assuming, arguendo, that much of what the examiner alleges is true, there appears to
be no cogent rationale set forth as to why the artisan would have combined the PACS system
teachings of Fisher with Dyson which is concerned with verifying the integrity of a file stored
separately from a computer. There is nothing to suggest any use for Dyson’s storage of verifying
information in a centralized archive server.
Since neither Haber nor Conner provides for any of the deficiencies, as noted supra, in the
examiner’s case, the rejections based on these references in combination with Fisher and Dyson
must also fall.
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