Appeal No. 2003-0789
Application 09/422,654
deny the averments upon which the adverse party relies. If a
party is without knowledge or information sufficient to form a
belief as to the truth of an averment, the party shall so state
and this has the effect of a denial."). An applicant may
traverse a finding of Official Notice by simply averring that
"those of ordinary skill in the art were not aware of [the fact]"
or that "applicant is without any knowledge or information as to
whether those of ordinary skill in the art were aware of [the
fact]." This avoids putting the Office to the task of proving a
fact over which applicant may know.
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