Ex Parte Bauchot - Page 4

                Appeal 2007-3554                                                                             
                Application 09/887,602                                                                       
                automatically performs a self-replication operation (col. 10, ll. 4 to 20).                  
                During the cut, copy and paste operation described supra, Anderson uses                      
                Windows clipboard/buffer to store cell data that is changed (col. 7, ll. 32 and              
                33).  When Anderson propagates or percolates a changed range of cells from                   
                one page to another page of the spreadsheet, he automatically determines the                 
                set of ranges of cells to which the changed range of cells belongs,                          
                automatically identifies the ranges of cells belonging to the set, and                       
                automatically pastes the content in each of the identified range of cells                    
                belonging to the set (col. 10, l. 4 to col. 11, l. 30).                                      
                      The Examiner relied on Barnes for a teaching of copying information                    
                into a clipboard/ buffer, and then pasting the information “from the                         
                clipboard into a specified location (page 60, lines 14-20)” (Answer 4).                      
                      According to the Examiner, “Office discloses automatically updating                    
                or pasting spreadsheet cells to a destination Word document, whenever                        
                figures within an originating spreadsheet, such as those in an Excel                         
                spreadsheet, change, (page 174)” (Answer 4).                                                 
                                          PRINCIPLES OF LAW                                                  
                      The Examiner bears the initial burden of presenting a prima facie case                 
                of obviousness.  In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444                    
                (Fed. Cir. 1992).  If that burden is met, then the burden shifts to the                      
                Appellant to overcome the prima facie case with argument and/or evidence.                    
                See Id.                                                                                      
                      The Examiner’s articulated reasoning in the rejection must possess a                   
                rational underpinning to support the legal conclusion of obviousness.  In re                 
                Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006).                              



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