Appeal No. 1998-2870 Application 08/429,954 inherent in the operation of EPROM 70 that the CPU be enabled during the storage of program data" (EA8). Appellants argue that inherency requires that something necessarily be so and nothing in Biggs suggests that the CPU enables the programming of the EPROM. We agree with Appellants that there is no indication that the CPU in Biggs is involved in storing the program data from input 72 into EPROM memory 70. It was well known that EPROMs could be programmed before being installed in a circuit and Biggs appears to show direct programming of the EPROM without any involvement by the CPU. Thus, we disagree with the Examiner's finding that the CPU is "inherently" enabled during program data reception and storage. Although we believe it was well known to use a CPU to receive and store external programming data in memory, instead of programming the memory directly, we decline to take Official Notice of this fact based only on our personal knowledge. See In re Zurko, No. 96-1258 (Fed. Cir. August 2, 2001) ("With respect to core factual findings in a determination of patentability, however, the Board cannot simply reach conclusions based on its own understanding or experience-- or on its assessment of what would be basic knowledge or common sense."). If storing programming data in memory from an external source using a CPU was well known in the general telephone art, or in arts dealing with the inventors' problem of storing - 11 -Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 3, 2007