Appeal No. 2006-1799
Application No. 10/269,955
or experience – or on his or her assessment of what would be basic knowledge or
common sense. Rather, the examiner must point to some concrete evidence in the
record in support of these findings. In re Zurko, 258 F.3d 1379, 1386, 59 USPQ2d
1693, 1697 (Fed. Cir. 2001). Thus the examiner must not only assure that the requisite
findings are made, based on evidence of record, but must also explain the reasoning by
which the findings are deemed to support the examiner’s conclusion. However, a
suggestion, teaching, or motivation to combine the relevant prior art teachings does not
have to be found explicitly in the prior art, as the teaching, motivation, or suggestion
may be implicit from the prior art as a whole, rather than expressly stated in the
references. The test for an implicit showing is what the combined teachings, knowledge
of one of ordinary skill in the art,
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