Ex parte MULLEN - Page 6




               Appeal No. 1997-2987                                                                                                 
               Application No. 08/190,389                                                                                           


               with different SECS protocols, there is no showing that such SECS protocol conversion would require                  

               more than a mere substitution of a SECS interface for the interface of Cornwell.  There may be good                  

               reasons why the artisan reading Cornwell and armed with the knowledge of SECS interfaces would not                   

               or could not have been led to employ a SECS interface in the Cornwell system but appellant has                       

               presented no such reasons for our consideration.  In light of what we perceive to be a prima facie                   

               showing by the examiner of the obviousness of employing a SECS protocol conversion in the Cornwell                   

               system, the mere argument by appellant that the references do not teach protocol conversion with                     

               different SECS protocols is not persuasive.                                                                          

                       Accordingly, we will sustain the rejection of claim 28 under 35 U.S.C. § 103.                                

                                                         CONCLUSION                                                                 

                       We have sustained the rejection of claim 28 under 35 U.S.C. § 103 but we have not sustained                  

               the rejection of claims 1 through 27, 29 and 30 under 35 U.S.C.§ 103.                                                

                       Accordingly, the examiner’s decision is affirmed-in-part.                                                    





                       No time period for taking any subsequent action in connection with this appeal may be                        

               extended under 37 CFR § 1.136(a).                                                                                    

                                                      AFFIRMED-IN-PART                                                              


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