Ex Parte DASGUPTA - Page 7



          Appeal No. 2003-0428                                                        
          Application 09/116,564                                                      

          Mantha does not teach an address determinator, but it would have            
          been obvious to one of ordinary skill in the art at the time the            
          invention was made to have an address determinator and to                   
          incorporate an address determinator in Mantha because such a                
          modification would assist Mantha in locating a new reference                
          location to another document or file.  See pages 4 and 5 of the             
          answer.                                                                     
               When determining obviousness, “[t]he factual inquiry whether           
          to combine references must be thorough and searching.”  In re               
          Lee, 277 F.3d 1338, 1343, 61 USPQ 1430, 1433 (Fed. Cir. 2002),              
          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, we 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            

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