Appeal No. 95-4605
Application 08/076,285
made to AutoCAD's ARRAY command "because it is specifically
provided to give a designer the ability to enter a variable
number of repetitions as an operand--this number is not initially
'predetermined'" (Examiner's Answer, page 10). The question is
whether it would have been obvious to store the ARRAY command as
part of a generic design program without specifying the values
for all the parameters, and executing the command when creating
an actual variant. We conclude that the answer is yes in view of
the generic design program teachings of HP-DESIGN.
Prof. Dr. Roller's declaration further states (page 2):
Modification according to the teaching of HP DESIGN would
result in a system which is able to process variable
dimensions, as well as fixed replications (AutoCAD
teaching), but would still not comprise
a) a procedure for entering variable replications during
the design step,
b) means for replacing the variable number of replications
by actual values during the step of creating an actual
variant,
c) means for altering the topology during creation of an
actual variant.
Again, declarant does not address the obviousness reasoning and
the statements are unpersuasive for reasons stated supra.
Appellant argues that the examiner engaged in impermissible
hindsight and that there is no suggestion for making the proposed
modifications (Brief, pages 17-18). We disagree. HP-DESIGN
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