Appeal No. 1997-3425 Page 10
Application No. 08/087,824
the claimed subject matter to a person of ordinary
skill in the art." In re Bell, 991 F.2d 781, 782,
26 USPQ2d 1529, 1531 (Fed. Cir. 1993) (quoting In re
Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 147
(CCPA 1976)). If the examiner fails to establish a
prima facie case, the rejection is improper and will
be overturned. In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1598 (Fed. Cir. 1988).
With these in mind, we analyze the examiner’s rejection.
The examiner makes the following observations.
[T]he [Microsoft] Getting Started manual explicitly
states on page 6 that it "saves your previous MS-DOS
files in a directory called OLD DOS." In addition,
the Getting Started manual explicitly states on page
6 that it stores information about the previous
version of MS-DOS on one or two disks labeled
Uninstall 1 and Uninstall 2. The information stored
on these floppy disks ... makes it possible to
restore ... the previous version of MS-DOS.
Furthermore, the Uninstall I and Uninstall 2 disks
save copies of the previous version CONFIG.SYS and
AUTOEXEC.BAT files which contain system and platform
specific information. (Examiner’s Answer at 11.)
He explains, “All MS-DOS storage media use a directory format
....” (Id. at 12.) “The MS-DOS directory format,” adds the
examiner, “shows ... a volume label, volume serial number,
drive letter (c:\), and directory path (c:\windows).” (Id.)
He notes, “when personal computers are networked together
the concept of a shared drive (physically located elsewhere)
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