Appeal No. 2000-0330 Page 9
Application No. 08/684,871
Kimberly-Clark Corp., 713 F.2d 760, 771, 218 USPQ 781, 789 (Fed.
Cir. 1983)). Furthermore, "’[a] prima facie case of obviousness
is established when the teachings from the prior art itself would
appear to have suggested the claimed subject matter to a person
of ordinary skill in the art.’" In re Bell, 991 F.2d 781, 782,
26 USPQ2d 1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart,
531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976)).
Here, although Foglar calculates a shift between cells
received via an active path and cells received via an alternate
path, the shift is not a shift in time. To the contrary, it is a
shift in the number of cells received via each path.
Specifically, “the plurality of message cells arriving via the
active path and via the alternate path is separately and
continuously acquired at this interface means. Due to
differences in running time and due to the fluctuations in
running time that are unavoidable in the asynchronous transfer
mode, a difference between the acquired values will generally
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