Appeal No. 2003-1070
Application 09/021,727
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
In re Gartside, 203 F.3d 1305, 1316, 53 USPQ2d 1769, 1776
(Fed. Cir. 2000). “The Board’s findings must extend to all
material facts and must be documented on the record, lest the
‘haze of so-called expertise’ acquire insulation from
accountability.” In re Lee, 277 F.3d 1338, 1345, 61 USPQ2d 1430,
1435 (Fed. Cir. 2002).
We fail to find that the Examiner has provided factual
findings that have been documented to show that the limitations
recited in claims 50 through 66 are shown in the prior art.
Therefore, we will not sustain the Examiner’s rejection of claims
50 through 56 under 35 U.S.C. § 103.
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