Appeal No. 96-3077
Application No. 08/255,544
Gammage, N. et al. 'XMS: A Rendezvous-Based Distributed System
Software Architecture.' IEEE Software, vol. 2, no. 3 (May 2,
1985), pp. 9-19.
Claims 1-4, 6-12, 14-20, 22-27, and 29 are rejected under
35 U.S.C. § 103 as being unpatentable over the Gammage et al
article.
Rather than reiterate the arguments of Appellant and the
Examiner, reference is made to the Brief and Answer for the
respective details thereof.
We will not sustain the rejection of claims 1-4, 6-12,
14-20, 22-27, and 29 under 35 U.S.C. § 103.
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found in the
prior art, or by implications contained in such teachings or
suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
(Fed. Cir. 1983). "Additionally, when determining
obviousness, the claimed invention should be considered as a
whole; there is no legally recognizable 'heart' of the
invention." Para-Ordnance Mfg. v. SGS Importers Int’l, Inc.,
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007