Appeal 2007-2131
Application 10/401,331
archiving means for archiving the one or more content
files into archive storage.
THE REFERENCES
Ishii US 5,675,789 Oct. 7, 1997
Culbert US 5,696,926 Dec. 9, 1997
THE REJECTIONS
Claims 1-26 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the teachings of Ishii in view of Culbert.
Rather than repeat the arguments of Appellants or the Examiner, we
make reference to the Briefs and the Answer for the respective details
thereof.
Initially, we note that Appellants have presented no arguments
directed to the combinability of Ishii and Culbert with each other.
Accordingly, Appellants have waived any such arguments, and the
combinability of the references will not be addressed here.
From our review of the Examiner’s rejection, we conclude that the
Examiner has set forth a prima facie case of obviousness of the invention as
recited in independent claim 16, as discussed infra. Therefore, we look to
Appellant’s Briefs to show error in the proffered prima facie case.
STATEMENT OF LAW
“What matters is the objective reach of the claim. If the claim extends
to what is obvious, it is invalid under § 103.” KSR Int’l Co. v. Teleflex, Inc.,
127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1397 (2007). To be nonobvious,
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013