Appeal No. 2001-0465
Application No. 09/070,039
forward with evidence or argument shift to the Appellants.
Oetiker, 977 F.2d at 1445, 24 USPQ at 1444. See also Piasecki,
745 F.2d at 1472, 223 USPQ at 788.
An obviousness analysis commences with a review and
consideration of all the pertinent evidence and arguments. "In
reviewing the [E]xaminer's decision on appeal, the Board must
necessarily weigh all of the evidence and arguments." In re
Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. "[T]he Board must
not only assure that the requisite findings are made, based on
evidence of record, but must also explain the reasoning by which
the findings are deemed to support the agency's conclusion." In
re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.
2002).
When determining obviousness, "the [E]xaminer can satisfy
the burden of showing obviousness of the combination 'only by
showing some objective teaching in the prior art or individual to
combine the relevant teachings of the references'". In re Lee,
277 F.3d 1338, 1343, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002),
citing In re Fritch, 972 F.2d 1260, 1265, 23 USPQ2d 1780, 1783
(Fed. Cir. 1992). "Broad conclusory statements regarding the
teaching of multiple references, standing alone, are not
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