Ex parte TAKEUCHI - Page 4




          Appeal No. 95-3377                                                          
          Application No. 07/883,162                                                  


          faults by increasing redundancy such as in a “3-out-of-5                    
          system.”  Chau at column 2, lines 17-21.                                    
               The examiner also finds that it was known to compare                   
          complements against each other.  Examiner’s answer at 11-12.                
          The examiner does not cite any evidence to support that                     
          finding.  Upon reviewing the four cited references and the                  
          admitted prior art, we are unable to identify any support for               
          the finding.  In fact, in each of those prior art systems that              
          has complements of multiple copies, the complements are                     
          compared only to the multiple copies and not to other                       
          complements.                                                                
               Having failed to establish any knowledge of comparing                  
          complements against each other, the examiner fails to                       
          establish any reason why one of ordinary skill in the art                   
          would have made a majority determination among three or more                
          complements, and then compared that result to a majority                    
          result from three or more uncomplemented copies.  Without such              
          a suggestion, the rejection cannot be sustained.  The mere                  
          fact that the prior art may be modified in the manner                       
          suggested by the examiner does not make the modification                    
          obvious unless the prior art suggested the desirability of the              
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