Ex Parte NORCOTT et al - Page 11




          Appeal No. 1998-2870                                                        
          Application 08/429,954                                                      

          inherent in the operation of EPROM 70 that the CPU be enabled               
          during the storage of program data" (EA8).                                  
               Appellants argue that inherency requires that something                
          necessarily be so and nothing in Biggs suggests that the CPU                
          enables the programming of the EPROM.                                       
               We agree with Appellants that there is no indication that              
          the CPU in Biggs is involved in storing the program data from               
          input 72 into EPROM memory 70.  It was well known that EPROMs               
          could be programmed before being installed in a circuit and Biggs           
          appears to show direct programming of the EPROM without any                 
          involvement by the CPU.  Thus, we disagree with the Examiner's              
          finding that the CPU is "inherently" enabled during program data            
          reception and storage.  Although we believe it was well known to            
          use a CPU to receive and store external programming data in                 
          memory, instead of programming the memory directly, we decline to           
          take Official Notice of this fact based only on our personal                
          knowledge.  See In re Zurko, No. 96-1258 (Fed. Cir.                         
          August 2, 2001) ("With respect to core factual findings in a                
          determination of patentability, however, the Board cannot simply            
          reach conclusions based on its own understanding or experience--            
          or on its assessment of what would be basic knowledge or common             
          sense.").  If storing programming data in memory from an external           
          source using a CPU was well known in the general telephone art,             
          or in arts dealing with the inventors' problem of storing                   

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