Appeal No. 2000-0402
Application 08/720,399
references correspond to the instant claimed elements in both structure and function and as to
why the skilled artisan would have been led to combine these diverse references in any manner
so as to result in the instant claimed subject matter.
While appellants argue that neither Oba nor Beasley is relevant to the instant claims,
because Oba is directed to determining optimum scheduling in a computer-aided scheduling
system with no corresponding description regarding utilizing the scheduling system to produce
control software, and Beasley is directed to a hierarchical computer system for the actual
control of manufacturing tobacco products, rather than to transmission among systems of
production control software, the examiner’s only response is that the combination of the
references teaches the claims to the extent required [answer-page 9].
Clearly, the examiner has fallen far short of establishing a prima facie case of
obviousness with regard to the instant claimed subject matter.
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