Appeal No. 1998-1514
Application No. 08/370,963
Id. at 3. We agree with appellants. Appellants argue that Graham does not teach the step
of “causing said loader to examine said environment to determine if said predetermined
environment variable has been set” as recited in claim 1. We agree with appellants.
Appellants argue that Janis does not remedy the deficiency in Graham and further does
not teach saving information of any kind to a location specified by an environmental
variable. We agree with appellants. Appellants further argue that the teachings of Graham
could be modified, but that the examiner has not pointed to any suggestion in the prior art
to modify Graham to address the inherent problem with shared libraries. We agree with
appellants.
Here, the examiner has not, in our view addressed the language of the claims nor
has the examiner provided evidence or a convincing line of reasoning to modify the
teaching of Graham to address the inherent problem of instrumenting shared libraries.
Therefore, the examiner has not set forth a prima facie case of obviousnesss, and we will
not sustain the rejection of claim 1 or dependent claim 2.
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