Appeal No. 2003-1362
Application No. 09/178,399
consequently should not be allowed to rely upon "knowledge
available to one of ordinary skill in the art." See also Reply
Brief, page 5. We agree that a factual inquiry whether to modify
a reference must be based on objective evidence of record, not
merely conclusionary statements of the examiner. See In re Lee,
277 F.3d 1338, 1343, 61 USPQ2d 1430, 1433 (Fed. Cir. 2002).
Accordingly, "knowledge available to one of ordinary skill in the
art" would be insufficient motivation to combine the references.
However, although the examiner appears to rely upon such
"knowledge," the examiner actually relies upon specific teachings
in the references.
In particular, Yano at column 1, lines 39-42, and Spoor at
column 1, lines 20-44, teach that devices measuring weight are
adversely affected by changes in temperatures, thereby suggesting
that the measurements of Golecki would be more accurate if done
outside of the furnace. Further, Piroozmandi at column 2, lines
30-42, and Swartzendruber at column 1, lines 34-36, and column 2,
lines 50-58, teach that the accuracy in weighing material inside
a vessel is improved by measuring the weight of the vessel with
its contents through installation of load cells under the vessel.
Although both references deal with the weighing of bulk
materials, when combined with the teachings of Yano and Spoor,
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