Appeal No. 2003-2046
Application 09/171,670
to show nonobviousness. The suggestion or motivation to modify a
reference may be implicit from the prior art as a whole rather
than expressly stated. Kotzab, 217 F.3d at 1370, 55 USPQ2d at
1316-17. However, regardless of whether the examiner relies on
an express or implicit showing, he must provide reasons for
finding a limitation to be taught or suggested in the reference.
Id. Reliance on “common knowledge and common sense” does not
fulfil the requirement to provide reasons in support of findings
of obviousness. In re Thrift, 298 F.3d 1357, 1364, 63 USPQ2d
2002, 2006 (Fed. Cir. 2002) (quoting In re Lee, 277 F.3d 1338,
1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002)). The remaining
reference relied upon by the examiner, Grieve, fails to remedy
the deficiencies in the teachings of Strobel.
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