Appeal No. 1997-3909
Application 08/430,090
had before him in his workshop the prior art, would have been
reasonably expected to use the solution that is claimed by the
Appellant.
We find that those skilled in the art having the
teachings of Yabuuchi before them would have seen the
desirability of multi-speed in the voiced help messages of APA
(re claim 10), and that the broadly recited help information
of claim 16 is even anticipated by Yabuuchi. Lack of novelty
is the ultimate of obviousness. See In re Fracalossi, 681
F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982).
In view of the foregoing, the decision of the
Examiner rejecting claims 10 and 14 through 17 under 35 U.S.C.
§ 103 is affirmed; however, the decision of the Examiner
rejecting claims 11 through 13 under 35 U.S.C. § 103 is
reversed.
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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