Appeal No. 1997-3425 Page 16
Application No. 08/087,824
For the foregoing reasons, we are not persuaded that
teachings from the prior art would appear to have suggested
the claimed limitation of a directory that lists alternate
versions of a software application and each tape drive, among
a plurality of tape drives, that has used each of the
versions. The examiner impermissibly relies on the
appellants’ teachings or suggestions; he has not established a
prima facie case of obviousness. Therefore, we reverse the
rejection of claims 1, 3, 4, 6-8, and 10-13 under 35 U.S.C. §
103.
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