Appeal No. 96-3763
Application 07/946,509
header generation, it is clear to us that messages sent in
network systems must have, at least, a source and destination
and that this information is included in “headers.” There-
fore, a header must somehow be generated in some manner.
However, it is still up to the examiner, in the
first instance, to make out a prima facie case of obviousness
with regard to the claimed subject matter. We are skeptical,
in the instant case, that the examiner has done so. While the
examiner, at pages 4-5 of the answer, cites various elements
being disclosed by the references, it is unclear how these
recited elements correspond to that which is claimed. Fur-
ther, recognizing the deficiency in Childs with regard to a
hardware based message header generation means, the examiner
refers to Filepp for a teaching of generating headers to send
over a network through the use of an application program and
then refers to Takada for a
hardware based message header generator. Finally, the exam-
iner merely concludes that it would have been obvious to
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