Ex parte ZIMMERMANN et al. - Page 7




          Appeal No. 1998-0476                                                        
          Application 08/397,157                                                      


          Flag 22 is set for a “certain time”, page 8, lines 19 and 20.               
          Thus, there could be some confusion as to what the claimed                  
          “predetermined time” relates to in the specification.                       
          However, considering the context of the claim language,                     
          Appellants’ explanation in the brief removes any possible                   
          confusion.  This, along with Appellants’ explanation in the                 
          brief of what is meant by “switching the microcomputer from                 
          time to time”, make it clear what Appellants regard as their                
          invention.                                                                  
                    Accordingly, we will not sustain the Examiner’s 35                
          U.S.C. § 112 rejection of claim 7.                                          
                          Rejection under 35 U.S.C. § 103                             
                    The Examiner has failed to set forth a prima facie                
          case.  It is the burden of the Examiner to establish why one                
          having ordinary skill in the art would have been led to the                 


          claimed invention by the reasonable teachings or suggestions                
          found in the prior art, or by a reasonable inference to the                 
          artisan contained in such teachings or suggestions.  In re                  
          Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).                


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