Ex parte MULLEN - Page 3




               Appeal No. 1997-2987                                                                                                 
               Application No. 08/190,389                                                                                           


                       Reference is made to the briefs and answer for the respective positions of appellant and the                 

               examiner.                                                                                                            

                                                            OPINION                                                                 

                       With regard to independent claims 1, 22 and 27, all of which stand rejected under 35                         

               U.S.C. § 103 over Cornwell, each of these claims requires the provision of a parallel digital                        

               input/output (I/O) interface to process or manufacturing equipment.  The examiner relies on probe 48 of              

               Cornwell, which is not directly interfaced with controller 46 as was conventional [see column 5, lines               

               15-35] but, instead, the probe is interfaced to an I/O port 52 of transputer 28 in the communications                

               adaptor 26.  The communications adaptor corresponds to the instant claimed controller and the probe                  

               48 corresponds to the instant claimed “data acquisition system” in     claim 1.  The examiner recognizes             

               that Cornwell does not provide a parallel digital I/O interface to the process equipment as is claimed               

               but contends that it would have been obvious to modify Cornwell “to maintain a directly interfaced                   

               probe and controller because this would allow for direct control of the probe thus eliminating hardware              

               usage and time delays” [answer-page 4].                                                                              

                       While we would agree that the artisan would have found it obvious to maintain a directly                     

               interfaced probe and controller in Cornwell since Cornwell discloses that that was conventional, we do               

               not understand how such a modification would result in the claimed “parallel digital                                 




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