Appeal No. 1998-3359
Application 08/572,347
machine includes a microcontroller system for executing
machine control algorithms during each control cycle . . .
wherein said improved method comprises of step of: dividing
said control cycle into first discrete time intervals
sufficient to allow completion of said respective control
algorithms.” We fail to find that DiGiulio teaches providing
control cycles of a first discrete time interval sufficient to
allow completion of the respective control algorithms because
DiGiulio instead utilizes a complex priority system to
determine when each of the machine control algorithms can be
executed.
The Federal Circuit states that “[t]he mere fact that the
prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification.” In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d
900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984). It is further
established that “[s]uch a suggestion may come from the nature
of the problem to be solved, leading inventors to look to
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