Appeal No. 1997-3074 Page 6
Application No. 08/392,598
choices for the skilled artisan seeking to connect the scanner
to the scale.
With regard to claim 2, directed to an aperture exposing
the connector of the first printed circuit board, the examiner
points to Latimer’s aperture between the scanner 112 and the
scale subplatter 110, through which the cables are fed, and
explains that this aperture is for the same purpose as
appellants. Appellants argue that the claimed aperture is in
the scanner housing. However, as seen in Latimer’s Figure 3,
the aperture therein is also in the scanner housing (through
the bottom of scanner 112). Thus, appellants’ argument with
regard to claim 2 is not persuasive.
Turning to claim 3, the claim recites “a firmware element
located on the first printed circuit board and accessible
through the aperture on the housing.” The examiner takes the
position that while Latimer is silent as to firmware, the
artisan would have known that firmware is part of such systems
and that providing access panels to allow for easy access to
such firmware for replacement or repair would have been
obvious. Appellants response is merely to indicate that the
reference fails to disclose scanner firmware that is accessible
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