Appeal No. 2003-1046
Application 09/100,934
are not ‘evidence.’” In re 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 999, 50 USPQ2d at 1617,
citing McElmurry v. Arkansas Power & Light Co., 995 F.2d 1576,
1578, 27 USPQ2d 1129, 1131 (Fed. Cir. 1993).
We fail to find that the Examiner has failed to provide
findings that support the Examiner’s conclusion of obviousness.
The Examiner is charged with the burden of providing objective
evidence for the record. Broad conclusory statements regarding
that Appellant’s claimed limitation are obvious without proper
findings in the prior art to show that these limitations are
known, fail to meet this burden.
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