Ex parte NISHIMURA et al. - Page 7




            Appeal No. 1997-2983                                                    Page 7               
            Application No. 08/482,792                                                                   


            In re Bode, 550 F.2d 656, 660, 193 USPQ 12, 16 (CCPA 1977)                                   
            (quoting In re Wiggins, 488 F.2d 538, 543, 179 USPQ 421, 424                                 
            (CCPA 1973)).  Those persons “must be presumed to know                                       
            something” about the art “apart from what the references                                     
            disclose.”                                                                                   
            In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA                                     
            1962).                                                                                       


                  The appellants argue, "the dedicating of the exclusive-                                
            use third and fourth buses for the passing of context data                                   
            from a currently-executing program to a to-be-executed program                               
            is nowhere taught or suggested by any of the cited art of                                    
            record, nor is it 'well known in the data processing art.'"                                  
            (Reply Br. at 4.)  The examiner responds, "[a]s to dedicating                                
            the bus to a particular function, is it well known in the data                               
            processing art that a dedicated bus will improve processing                                  
            speed for that particular function."  (Examiner's Answer at                                  
            5.)  We consider the persuasiveness of the argument and                                      
            response with respect to the following groups of claims:                                     
                  •     claims 1-4, 6-12, and 14                                                         
                  •     claim 13.                                                                        








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