Appeal No. 1998-1112
Application No. 07/871,768
external device 42. A bus 41 is operated under control of the CPU
for transferring the data stored in the RAM to the external
device.
Opinion
After consideration of the positions and arguments presented
by
both the examiner and the appellant, we have concluded that the
rejection should not be sustained.
In the answer, the examiner indicates,
It would have been obvious to a person of ordinary skill in
the art at the time the invention was made to utilize Kelly’s
portable data storage and editing device as Engstrom’s
programmable electronic device because this will allow
for the editing and checking for correctness of a program or
data prior to transferring it through a programming port to
another computer. (page 5, lines 8-14)
We are of the opinion that the incentive or suggestion set
forth by the examiner supporting the combination of references is
not valid. Engstrom, the main reference relied by the examiner,
does not teach the transfer of programs from RAM 37 to an external
device such as a computer. Rather, Engstrom is concerned with
programming memory 37. Being a two-way radio, Engstrom’s unit
transfers audio information, not programs, to an external device,
that is, another radio. Accordingly, one of ordinary skill in the
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