Ex Parte RING - Page 5




             Appeal No. 2005-0354                                                                              
             Application No. 09/399,412                                                                        


             doubt that the invention is patentable, resort to speculation, unfounded assumption or            
             hindsight reconstruction to supply deficiencies in the factual basis for the rejection.  See      
             In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177 (CCPA 1967), cert.                           
             denied, 389 U.S. 1057 (1968).  Our reviewing court has repeatedly cautioned against               
             employing hindsight by using the appellant's disclosure as a blueprint to reconstruct the         
             claimed invention from the isolated teachings of the prior art.  See, e.g., Grain                 
             Processing Corp. v. American Maize-Prods. Co., 840 F.2d 902, 907, 5 USPQ2d                        
             1788, 1792 (Fed. Cir. 1988).                                                                      


                   When determining obviousness, "the [E]xaminer can satisfy the burden of                     
             showing obviousness of the combination ‘only by showing some objective teaching in                
             the prior art or that knowledge generally available to one of ordinary skill in the art would     
             lead that individual to combine the relevant teachings of the references.’"  In re  Lee,          
             277 F.3d 1338, 1343, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002), citing In re Fritch, 972              
             F.2d 1260, 1265, 23 USPQ2d 1780, 1783 (Fed. Cir. 1992).  "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 (Fed. Cir.                 
             1999). "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,                



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