Appeal No. 2006-2321
Application No. 10/706,254
It is well settled that “the Board cannot simply reach
conclusions based on it own understanding or experience - or on
its assessment of what would be basic knowledge or common sense.
Rather, the Board 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). See also In
re Lee, 277 F.3d 1338, 1344-45, 61 USPQ2d 1430, 1434-35 (Fed.
Cir. 2002).
In summary, we have sustained the Examiners 35 U.S.C. § 102(b)
rejection of claims 1 and 2, but have not sustained the
Examiner’s 35 U.S.C. § 103(a) rejection of claims 5-13, 16, and
17. Accordingly, the Examiner’s decision rejecting appealed
claims 1, 2, 5-13, 16, and 17 is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a)(1)(iv)(effective September 13, 2004).
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