Appeal No. 1998-3126 15
Application No. 08/479,569
finding of fact relying on official notice may be easily
traversed by either denying the fact or avering that appellant is
without knowledge of its truth or falsity, which has the effect
of a denial. If a party is without knowledge or information
sufficient to form a belief as to the truth of an averment, the
party shall so state and this has the effect of a denial. A
proper traverse indicates that a fact is genuinely contested and
a reference must be found. Mere argument that the official
notice is not supported by a reference is not a traverse because
such assertion does not indicate whether the fact is actually
denied. Appellants could have challenged the accuracy of the
examiner's statement but have not done so. Appellants' assertion
that this point has not been previously raised does not address
the accuracy of the examiner's statement. Nor does appellants'
statement that there is no evidence in the record to support the
examiner's assertion, specifically challenge the examiner's
assertion. Appellants’ arguments merely beg the point. Because
appellants have not challenged the accuracy of the examiner's
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: November 3, 2007