Ex parte HAWKES - Page 12




          Appeal No. 1997-4463                                                        
          Application 07/988,712                                                      

               memory), or repetitive among several products, central                 
               storage of the product information would become more cost              
               efficient.  If the related product information were                    
               exclusively stored in central storage the rate control                 
               system claimed would be inherent because certainly the                 
               information delivery rate from the central storage would               
               need to be controlled before [being] outputted to the                  
               user.  If not, the audible message would not be a desired              
               smooth, intelligible sound.                                            
          The Examiner also points to Pfeiffer, Figure 4 and column 11,               
          lines 62-68, for the teaching that "the information delivery                
          rate to the controller would need to correspond to the                      
          utilization rate of the controller" (EA11).                                 
               Appellant points (Br8) out that the Examiner proposes                  
          making one level of modification, storing all information to                
          be outputted at a central site, and then adds a second level                
          of modification, the read-out rate for a site depending on the              
          site information utilization rate, without any evidence or                  
          suggestion for such modifications in the references.                        
               The Examiner's response (SEA4-6) appears to basically                  
          repeat the reasoning in the Examiner's Answer (EA10-11).                    
               We must agree with Appellant that the Examiner has failed              
          to provide any evidence of motivation to distribute the                     
          message information from a common source.  The Examiner                     
          concludes that central storage would be more cost efficient.                

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