Appeal 2006-2328
Application 10/131,049
generally notorious, are capable of such instant and unquestionable
demonstration as to defy dispute." In re Ahlert, 424 F.2d 1088, 1091,
165 USPQ 418, 420 (1970). "Assertions of technical facts in areas of esoteric
technology must always be supported by citation to some reference work
recognized as standard in the pertinent art and the appellant given, in the
Patent Office, the opportunity to challenge the correctness of the assertion or
the notoriety or repute of the cited reference." Id.; accord In re Pardo,
684 F.2d 912, 917, 214 USPQ 673, 677 (CCPA 1982). If applicant
adequately traverses a factual assertion, the examiner must support the finding
with evidence. Manual of Patent Examining Procedure (MPEP) § 2144.03
(8th ed. Rev. 3, Aug. 2005). "To adequately traverse such a finding, an
applicant must specifically point out the supposed errors in the examiner's
action, which would include stating why the noticed fact is not considered
common knowledge or well-known in the art. See 37 CFR 1.111(b)." Id.
Analysis
Issue (1): Whether Arai discloses or would have suggested to one of
ordinary skill in the art "a microcomputer connected to said computer
for detecting at least one synchronous signal output from said
computer to said display monitor."
Rejection and arguments
The Examiner notes that The IEEE Standard Dictionary of Electrical
and Electronics Terms defines a "microcomputer" as "[a] computer that
contains at least one microprocessor as its main computing element." The
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