Ex parte MAKINO - Page 7




               Appeal No. 97-0783                                                                                                      
               Application 08/396,184                                                                                                  


               meant to refer to the same portion of Sakurada rather than Koide.  Nevertheless, neither reference                      

               supports this recitation of claims 7 and 10.                                                                            

               It should be noted that claims 7 and 10 recite a specific sequence of operations taking place.  The                     

               control means operates in response to operation of the start switch [second user input means].  The                     

               transfer switch also operates to transfer a control signal including data entered in response to the                    

               operation of the start switch [second user input means].  Finally, the means for maintaining is invoked                 

               after operation of the transfer switch despite operation of the rotary switches [first user input means].               

               We are unable to find structure in either Sakurada or Koide which implements these functions in the                     

               claimed manner.                                                                                                         

               In summary, we agree with appellant that the examiner’s rejection fails to consider the specific                        

               recitations of independent claims 7 and 10.  Therefore, the examiner has failed to establish a prima facie              

               case for the obviousness of claims 7 and 10.  Accordingly, we do not                                                    














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