Appeal No. 2003-2018
Application No. 09/057,261
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 999, 50 USPQ2d at 1617,
citing McElmurry v. Arkansas 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
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).
Upon our review of Barclay, we fail to find any suggestion
or teaching of having a host computer operative to communicate at
least one graphical user interface (GUI) display file to a mobile
terminal, the GUI display file having attached thereto at least
one of a dictionary file having phonemes and syntax file having
allowable patterns of words to facilitate speech recognition,
wherein the at least one of a dictionary file and syntax file are
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