Appeal No. 97-2723
Application 08/320,091
synchronization is even a concern. Although certain modules
of Dummermuth can be replicated, the modules are not operated
to be in synchronization with each other nor do they
communicate with each other to achieve this result. The
examiner’s per se rule that to make a system redundant is
necessarily obvious fails to consider the advantages obtained
by the claimed invention when the processing modules are
connected in the claimed manner. Thus, there is neither any
basis to duplicate the automation system of Dummermuth or to
interconnect duplicated processing modules in the claimed
manner. Therefore, we do not sustain the rejection of claims
2-5 under 35 U.S.C. § 103.
Claims 6 and 7 have been rejected under Section 103 as
unpatentable over Dummermuth in view of Klug. As noted above,
the scope of independent claim 6 cannot be properly determined
as required by 35 U.S.C. § 112. Prior art rejections cannot
be made where the claimed invention can only be based upon
speculation and conjecture as to what is being claimed. In re
Steele,
305 F.2d 859, 862-63, 134 USPQ 292, 295 (CCPA 1962).
Therefore,
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