Ex parte TOKUI - Page 10




               Appeal No. 96-2203                                                                                                      
               Application 08/160,463                                                                                                  


                       Therefore, it is clear that the prior art applied against the claims does not teach or                          
               fairly suggest the claimed invention as set forth in claims 1, 5, 7, 9, and 12 regarding                                
               the series connection of a plurality of units, and initialization thereof by a computer via a                           
               single line to a first unit of the serially connected units.                                                            
                       In reaching our decision in this appeal, we have given careful consideration to the                             
               appellant's specification and claims, to the applied prior art references, and to the                                   
               respective positions articulated by the appellant and the Examiner.  Upon evaluation of all                             
               the evidence before us, it is our conclusion that the evidence adduced by the                                           
               Examiner is not sufficient to establish a prima facie case of obviousness with respect to                               
               claims 1, 5, 7, 9 and 12.  Accordingly, we will not sustain the Examiner's rejection of                                 
               independent claims 1, 5, 7, 9, and 12  under 35 U.S.C. § 103.                                                           
                       Since not all the limitations of independent claims 1, 5, 7, 9, and 12  are suggested                           
               by the applied prior art, we cannot sustain the Examiner's rejection of appealed claims 2-4,                            
               6, 8, 10, 11 and 13 which depend therefrom, under 35 U.S.C.       § 103.                                                
                       We will not sustain the rejection of claims 1-13 under 35 U.S.C. § 103.                                         






                                                          CONCLUSION                                                                   


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