Ex parte SIRKIN - Page 4




              Appeal No. 96-3144                                                                                          
              Application 08/322,111                                                                                      


                     As a consequence of our review, we make the determinations which follow.                             
                     Turning to the rejection of claims 1-9, assuming arguendo that the examiner has                      
              made a proper showing regarding the motivation to combine the teachings of Yamaji                           
              Haynes and Halliday, we do not find all the claimed steps which are recited in the claim 1.                 
              The Examiner has not shown, in any teaching, the step of:                                                   
                     generating through a plurality of successive calculations revised  estimates                         
                     of time to completion based upon successively later incremental                                      
                     measurements of the rate of execution, where the revised estimates of time                           
                     are responsive to the effects of changes in the composite multitask load of                          
                     the multitasking workstation                                                                         
              (See claim 1; similar language is also found in claims 6 and 9.)  The Examiner has pointed                  
              to Haynes at col. 11, lines 6-11, 24 and 43-44 to teach "successive calculations and                        
              "notifying a user."  (See brief at page 4, paragraph 1.)  The examiner has not pointed to                   
              any teaching in Yamaji, Haynes, or Halliday which clearly shows the successive                              
              calculations of estimates as set forth in the above quoted claim language nor a convincing                  
              line of reasoning why it would have been obvious to one of ordinary skill in the art at the                 
              time of the invention to perform the successive calculations of estimates where the                         
              estimates are "responsive to the effects of changes in the composite multitask load."  We                   
              are unable to find in the art relied upon by the Examiner, any teaching prior to appellant's                
              invention, that successive estimates could be used to                                                       




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