Appeal No. 2002-0277
Application 08/618,005
Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617. “Mere
denials and conclusory statements, however, are not sufficient to
establish a genuine issue of material fact.” Dembiczak, 175 F.3d
at 1000, 50 USPQ2d at 1617, citing McElmurry v. Ark. Power &
Light Co., 995 F.2d 1576, 1578, 27 USPQ2d 1129, 1131 (Fed. Cir.
1993).
We note that the Examiner has not provided us any factual
basis for modifying the Webber tariff file to store such
information. Without the pertinent evidence, as well as reasons
by which the finding are deemed to support the agency’s
conclusions, we are unable to sustain the Examiner’s rejection
based on obviousness.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007