Appeal No. 2003-1362
Application No. 09/178,399
continuous weighing. The problem actually solved by appellant is
more accurately weighing the parts inside the furnace. All of
the secondary references deal with problems associated with
weighing parts inside a vessel and/or with weighing parts in a
heated environment (which would include a furnace). Accordingly,
the secondary references all relate to weighing accuracy and,
therefore, are analogous art according to the second criteria of
In re Clay, 966 F.2d 656, 658, 23 USPQ2d 1058-59, 1060 (Fed. Cir.
1992), that the reference be pertinent to the particular problem
being solved.
Appellant further states (Brief, page 11, and Reply Brief,
page 5) that "[e]ven if the references were combined in the
manner suggested by the Examiner, they still would not render
obvious the Appellant's invention." However, appellant fails to
explain exactly what would be missing if all of the references
were combined as proposed by the examiner. Instead appellant
(Brief, pages 11-12) summarizes what each reference discloses and
then concludes that the combination would not be the same as
appellant's invention. Such unsupported conclusions are not
convincing.
Last, appellant (Brief, page 12) "submits that the Examiner
is not one of ordinary skill in the art," and that the examiner
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