Ex parte PICARD et al. - Page 7




          Appeal No. 95-3800                                                          
          Application 08/046,109                                                      


          which I/O code is executed in response to an external request               
          from the I/O device.  An I/O instruction in the Konopik system              
          does not have to result in an I/O interrupt.  Although an I/O               
          instruction in Konopik may lead to an I/O interrupt which                   
          would execute I/O code in Konopik, such result is not                       
          required.  As appellants point out, such I/O instructions                   
          would be ignored in Konopik if the I/O devices are not                      
          connected.  Thus, the operation of claim 13 is not inherent in              
          the operation of Konopik as argued by the examiner.                         
          Since the recitations of claim 13 are not fully met by                      
          the disclosure of Konopik, we do not sustain the rejection of               
          claims 13 and 14 as anticipated by the disclosure of Konopik.               
          We now consider the rejection of claims 15-22 under                         
          35 U.S.C. § 103 as unpatentable over the teachings of Konopik               
          taken alone.  Claims 15-21 depend from claim 13 while                       
          independent claim 22 has recitations similar to independent                 
          claim 13.  Since we have determined that Konopik does not                   
          disclose the operative means of claim 13, and since the                     
          examiner has failed to address the obviousness of this                      
          recitation, the examiner has failed to establish a prima facie              


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007