Ex parte AMES et al. - Page 3




          Appeal No. 96-2498                                         Page 3           
          Application No. 08/250,139                                                  


               means for inputting at least one user defined                          
          configuration file to said programmed simulator for use                     
          thereby, said configuration file containing data and rules                  
          which are specific to the line replaceable unit under test and              
          parameters required during a particular test to be performed;               
          and wherein                                                                 
               said programmed simulator automatically updates said                   
          communicated data based on said rules in said configuration                 
          file.                                                                       
               The examiner relies on the following references:                       
          Herzberg et al. (Herzberg)    5,023,791                Jun. 11,             
          1991                                                                        
          Berner et al. (Berner)        5,260,874                Nov.  9,             
          1993                                                                        
               Claims 1 through 15 and 17 through 21 stand rejected under             
          35 U.S.C. 103.  As evidence of obviousness, the examiner cites              
          Berner with regard to claims 1 through 8, 12 through 15 and 17              
          through 21, adding Herzberg with regard to claims 9 through 11.             
               Reference is made to the brief and answer for the                      
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               We reverse.                                                            
               The initial burden is on the examiner to establish a case              
          of prima facie obviousness.  In our view, the examiner has not              
          presented such a case.                                                      









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