Appeal No. 2004-0785 Page 13
Application No. 09/252,635
actual evidence. A broad conclusory statement regarding the obviousness of modifying
a reference, standing alone, is not "evidence." See In re Lee, 277 F.3d 1338, 1342-45,
61 USPQ2d 1430, 1433-35 (Fed. Cir. 2002). See also In re Dembiczak, 175 F.3d 994,
999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999).
Since the examiner has not presented a prima facie case of obviousness with
respect to claim 13 for the reasons set forth above, the decision of the examiner to
reject claim 13, and claims 14 to 21 dependent thereon, under 35 U.S.C. § 103 is
reversed.
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