Ex parte KEVIN H. DEGRAAF - Page 3




                Appeal No. 95-3641                                                                                                            
                Application 07/992,069                                                                                                        


                         when the data can be processed by the later version of                                                               
                the computer program, loading the data into memory;                                                                           
                         when the data cannot be processed by the later version of                                                            
                the computer program, retrieving the data in the version                                                                      
                independent data format, converting the retrieved data to a                                                                   
                version dependent internal format that can be processed by the                                                                
                later version of the computer program, and loading the converted                                                              
                data into memory; and                                                                                                         
                         processing the loaded data using the later version of the                                                            
                computer program.                                                                                                             
                The examiner relied on the following reference in the                                                                         
                final rejection:                                                                                                              
                Baumgarten et al., “Using Wordperfect® 5.1" (WP 5.1), Special                                                                 
                Edition, Que Corporation, 1989, pages 305-315, 345-348, 370-391,                                                              
                533-556 and 835-845.                                                                                                          
                The examiner cited the following new reference in the                                                                         
                examiner’s answer:                                                                                                            
                Wright                       4,751,740          June 14, 1988                                                                 
                Claims 1-8 stand rejected under 35 U.S.C. § 103 as being                                                                      
                unpatentable over the teachings of WP 5.1 .                          2                                                        
                Rather than repeat the arguments of appellant or the                                                                          
                examiner, we make reference to the brief and the answer for the                                                               
                respective details thereof.                                                                                                   


                         2Since the statement of the rejection relies only on WP                                                              
                5.1 to support the obviousness of the claimed invention, we have                                                              
                not considered the newly cited patent to Wright in support of the                                                             
                rejection.  Note In re Hoch, 428 F.2d 1341, 166 USPQ 406 (CCPA                                                                
                1970).                                                                                                                        
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