Appeal No. 1996-3083
Application 08/139,692
for his modules, we conclude that it would not have been
obvious to the artisan to have implemented the kind of
branching between program modules required by independent
claims 9 and 14 on appeal.
In any event, the examiner's position in the final
rejection and answer does not present for the reader a
detailed analysis of the actual claim language and
relationships recited therein to any specific teachings of
Brown. Instead, the examiner's position is basically a
generalized or concept-oriented type of rejection under both
35 U.S.C. §§ 102 and 103 believing the reader, the artisan and
us would in effect fill in the blanks to determine any type of
correlation on a detailed basis from the teachings of Brown to
the subject matter of the various relationships among the
modules recited in claims 9 and 14 on appeal. It is the
examiner's burden to prove to us that the subject matter of
the recitations in independent claims 9 and 14 on appeal, at a
minimum or as a starting point, are individually shown or
anticipated by Brown under 35 U.S.C. § 102 or would have been
otherwise obvious in light of Brown's teachings and
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