Appeal No. 1998-3329 Page 8
Application No. 08/261,518
1955, 1956 (Fed. Cir. 1993)(citing In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992)). "’A prima
facie case of obviousness is established when the teachings
from the prior art itself would appear to have suggested the
claimed subject matter to a person of ordinary skill in the
art.’" In re Bell, 991 F.2d 781, 782, 26 USPQ2d 1529, 1531
(Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048, 1051,
189 USPQ 143, 147 (CCPA 1976)).
Here, although the column of Radia on which the examiner
relies mentions that “[p]rogrammers or users are generally
insulated from dealing with the names of other machines by
symbolic links,” Radia, p. 74, the examiner fails to show that
the reference’s symbolic links are themselves linked to
computers on which execution is to be performed. To the
contrary, the appellant, who coauthored the reference,1
explains that in Radia, “a symbolic link is not itself
symbolically linked to a computer, but is manually changed
from one alphanumeric string to another to specify the
1On the copy of Radia in the record, the examiner circled
the coauthor’s name and noted that he was the “[a]pplicant.”
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