Ex parte SEFIDVASH - Page 7




          Appeal No. 1997-4221                                       Page 7           
          Application No. 08/255,518                                                  


          “without any delay to the data transfer operation,” as claimed.             
          Since the encoder/decoder of Tsang is not connected to the bus,             
          in parallel with the modules, as disclosed and suggestively                 
          claimed by appellant, it would appear that there would be an                
          inherent delay in any data transfer in Tsang, unlike the                    
          instant claimed system.  We do not find that the artisan would              
          have found any advantage in attempting to modify the Deroo                  
          system with that of Tsang even if such a combination was,                   
          somehow, suggested by the prior art which, in our view, the                 
          examiner has not shown.                                                     


               In our view, the examiner has chosen, without any                      
          suggestion in the prior art for doing so, bits and pieces of                
          the instant claimed invention from the prior art (the data                  
          transfer of Deroo and the “on-the-fly” teaching of Tsang) and               
          thrown these pieces together in a haphazard attempt to meet the             
          instant claim language.  35 U.S.C. 103 requires some reasonable             
          suggestion for combining the teachings of the prior art.  We                
          find no such suggestion in the evidence provided by the                     
          examiner.                                                                   









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