Ex parte ZANDEE - Page 4




          Appeal No. 1998-0626                                                         
          Application No. 08/593,114                                                   


           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).                           
          "Additionally, when determining obviousness, the claimed                     
          invention should be considered as a whole; there is no legally               
          recognizable 'heart' of the invention."  Para-Ordnance Mfg. v.               
          SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,               
          1239 (Fed. Cir. 1995) (citing W. L. Gore & Assocs., Inc. v.                  
          Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed.                  
          Cir. 1983), cert. denied,                                                    
          469 U.S. 851 (1984)).                                                        
               With regard to claim 5, the Examiner reasons that Doyle                 
          teaches the claimed invention but does not explicitly teach                  
          pointing to the most recently saved state element.  The                      
          Examiner notes that Zimmerman,                                               

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