Appeal No. 2000-0402
Application 08/720,399
maintaining the average rate of variables within the parameters and thereby the process and
operation of the machinery is monitored and controlled rapidly [answer-page 6].
While using an extraordinary amount of words to describe the alleged operation of the
devices disclosed by the applied references, the examiner has clearly failed to establish any
semblance of a prima facie case of obviousness with regard to the instant claimed subject matter
and, as such, we will not sustain the rejection of claims 1-29 under 35 U.S.C. § 103.
In stating the rationale for the rejection of the claims, the examiner is clearly reciting
language from a variety of the instant claims and attributing the characteristics described by this
claim language to the various references, but the examiner only generally identifies large portions
of the applied references without specifically pointing to any language within the disclosures of
those references which teaches the various claimed elements. In applying the references to
claims 1, 28 and 29, at pages 4-6 of the answer, the examiner does not even distinguish
between the different claim language of the claims so it is unclear what portions of the references
are being applied to what portions of the claims. In making a rejection under 35 U.S.C. § 103,
the examiner should clearly identify particular elements in the references which correspond to
specific claim elements, identify the differences, if any, and explain why the instant claim
language, as a whole, would have been obvious in view of the applied references.
In the instant case, the examiner has applied Oba as teaching a part file staging area, a
product engineering workstation coupled to the part file staging area, and a product engineering
workstation operated by a user. Although the examiner points to column 1, line 10 to column 2,
line 51, and Figure 1 of Oba for a teaching of the part file staging area, the examiner identifies
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