Appeal No. 2001-2627
Application No. 09/472,658
of the official notice until on appeal. The Examiner argues that
this is not timely to question the official notice and cites MPEP
2144.03.
In response, Appellant argues that even taking the official
notice as fact, there is no evidence of motivation or suggestion
for combining the officially noted facts with the teachings of
Fernandez-Holmann. See page 9 of the reply brief.
Even if the Appellant has not waived the right to object to
the official notice, we fail to find anything in the record that
provides any evidence that the official notice is in error. It
has been well known for many many years prior to the filing date
of Appellant's application to allow direct deposit of one's
paycheck into a variety of accounts. These accounts can be at
different institutions and they could have different
beneficiaries. We find that since the Appellant has not provided
any evidence to refute such official notice, we find that the
Examiner has not erred in taking such.
Furthermore, having found substantial evidence of fact that
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