Appeal No. 2003-1112
Application No. 09/520,892
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
‘evidence.'” In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir.
1999). "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) .
The examiner relies upon the teachings of Mitchell with respect to the use of
web browsers and document conversion and that it would have been obvious to one of
ordinary skill in the art to combine the teachings of Yamauchi and Mitchell to utilize the
well-known commercial networks and display browsers. (See answer at pages 5-6.)
Appellants argue that the examiner has not provided a prima facie case of
obviousness. (See brief at page 14.) We agree with appellants and find the examiner’s
rationale for the combination to be merely conclusory. Furthermore, we do not find that
the teachings of Mitchell remedy the noted deficiency in the teachings of Yamauchi with
respect to the lack of the teaching of an application server as discussed above.
Furthermore, we generally agree with appellants’ three arguments at pages 14-17 of
the brief, and we will not sustain the rejection based upon the combination of Yamauchi
and Mitchell.
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