Appeal No. 2005-1244 Page 5
Application No. 10/134,902
art as a whole, rather than expressly stated in the references. See WMS Gaming, Inc.
v. International Game Tech., 184 F.3d 1339, 1355, 51 USPQ2d 1385, 1397 (Fed. Cir.
1999). The test for an implicit showing is what the combined teachings, knowledge of
one of ordinary skill in the art, and the nature of the problem to be solved as a whole
would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d
413, 425, 208 USPQ 871, 881 (CCPA 1981) (and cases cited therein). Whether the
examiner relies on an express or an implicit showing, the examiner must provide
particular findings related thereto. See Dembiczak, 175 F.3d at 999, 50 USPQ2d at
1617. Broad conclusory statements standing alone are not "evidence." Id. When an
examiner relies on general knowledge to negate patentability, that knowledge must be
articulated and placed on the record. See In re Lee, 277 F.3d 1338, 1342-45, 61
USPQ2d 1430, 1433-35 (Fed. Cir. 2002).
Sportcraft teaches a multi-section table tennis table which when assembled has
table halves movable between stowed and playing positions, comprising four table
portions, wherein the table portions are joinable to form first and second table halves of
a table tennis table. Each table half includes first and second table portions; a larger leg
member made from two interconnecting pieces; and a smaller leg member made from
two interconnecting pieces. Two caster base members are connected to a smaller leg
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