Appeal No. 97-1263 Page 6
Application No. 08/219,552
to the appellant. After evidence or argument is submitted by
the appellant in response, patentability is determined on the
totality of the record, by a preponderance of evidence with
due consideration to persuasiveness of argument. In reviewing
the examiner's decision on appeal, the Board of Patent Appeals
and Interferences (Board) must weigh all the evidence and
argument. An observation by the Board that the examiner made
a prima facie case is not improper, if the ultimate
determination of patentability is made on the entire record.
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992). With this in mind, we consider the examiner’s
rejection.
The examiner begins the rejection by observing that
Fischer describes a system comprising host processors; a
controller, which is “a only a SCSI initiator,” (Examiner’s
Answer at 3); and SCSI targets. (Id. at 4.) Next, the
examiner describes the reference as follows.
Fischer on column 2, lines 35-59, describes how
the processors and targets communicate between each
other. There is a Mailbox or storage means given to
each processor modules (see column 4, lines 53-62)
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