Ex parte SHIMADA et al. - Page 15




          Appeal No. 1997-3911                                                        
          Application 08/368,758                                                      


               As Yamaguchi's PROM 6 therefore fails to satisfy all of                
          claim 14's limitations on the random access correcting                      
          information storage means, it is necessary to consider the                  
          examiner's case for substituting a RAM for Yamaguchi's PROM 6,              
          which relies in part on Patrick.  The examiner explains:                    
                    As per the use of storing correcting information                  
               within a RAM, it is a well known functional                            
               equivalent to storing [sic] the information in other                   
               storage devices (i.e. PROM, ROM, EEPROM etc.).  It                     
               would have been obvious to one of ordinary skill in                    
               the art at the time of the invention, to replace the                   
               Prom [sic, PROM] of Yamaguchi with a RAM for storing                   
               correcting data.  This modification would have been                    
               obvious to one of ordinary skill because, they are                     
               well known functional equivalents for storing data,                    
               and [it] involves only rudimentary skill in the art                    
               to perform such a modification.  And further                           
               because, Patrick provides the motive of storing                        
               correction data on a more cost effective RAM.                          
               [Final Rej. at 5-6.]                                                   
          The Answer further states (at 10) that replacing Yamaguchi's                
          PROM 6 with a RAM "would have been obvious to one of ordinary               
          skill in the art as each device is a matter of design choice,               
          and further either would be applicable for the act of storing               
          data in a computer system."  We will first address Patrick.                 
          Patrick, like appellants and Yamaguchi, is concerned with                   
          correcting errors or bugs in the programming commands stored                
          in the ROM (17) of a mass-produced microcomputer (10) without               
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