Appeal No. 96-1115
Application 07/917,098
appellants and the examiner, reference is made to the brief
and the answer for the respective details thereof.
OPINION
We reverse the above rejection of claims 1 to 12 under
35 U.S.C. § 103.
For various reasons, the examiner has not set forth a
prima facie case of obviousness within 35 U.S.C. § 103. From
an artisan's perspective, we do not see any reason why the
artisan would have found it desirable within 35 U.S.C. § 103
to have modified the rather rigid control block data structure
of Tooley's communication protocol in light of the teachings
of Thorne, even assuming that it is correct as the examiner
says that Thorne teaches that control data may contain several
fields as needed or based on a design choice of a specific
application. We are not persuaded that the artisan would have
found it obvious to have modified the data structure control
fields in Tooley's data or text blocks in light of such
teachings such as to make the control fields of equal length
as data frames as argued by the examiner. The mere fact that
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