Appeal No. 2002-0859
Application 09/193,444
links, there is no suggestion that such a technique can be used
in a well system having a surface node and downhole nodes. See
pages 11 through 13 of the brief and Appellant’s reply brief.
When determining obviousness, “[t]he factual inquiry whether
to combine references must be thorough and searching.” Lee, 277
F.3d at 1343, 61 USPQ2d at 1433, citing McGinley v. Franklin
Sports, Inc., 262 F.3d 1339, 1351-52, 60 USPQ2d 1001, 1008 (Fed.
Cir. 2001). “It must be based on objective evidence of record.”
Id. “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. “Mere
denials and conclusory statements, however, are not sufficient to
establish a genuine issue of material fact.” Dembiczak, 175 F.3d
at 1000, 50 USPQ2d at 1617, citing McElmurry v. Ark. Power &
Light Co., 995 F.2d 1576, 1578, 27 USPQ2d 1129, 1131 (Fed. Cir.
1993).
The Federal Circuit reviews the Board’s ultimate conclusion
of obviousness without deference, and the Board’s underlying
factual determinations for substantial evidence. In re Huston,
308 F.3d 1267, 1276, 64 USPQ2d 1801, 1806 (Fed. Cir. 2002) citing
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