Ex parte TOMIKAWA et al. - Page 9




          Appeal No. 1998-3335                                                        
          Application 08/014,867                                                      

          ("While Mathis' apparatus may be capable of being modified to               
          run the way Mills' apparatus is claimed, there must be a                    
          suggestion or motivation in the reference to do so.").  If a                
          generic longest common subsequence algorithm were known in the              
          computer algorithm art, e.g., in the string searching art, we               
          might agree that it would have been obvious to apply such an                
          generic algorithm to analyzing chains of atomic groups.                     
          However, because the Examiner has not provided any evidence                 
          that a generic LCS algorithm was known to those of ordinary                 
          skill in the art, the Examiner has failed to establish a prima              
          facie case of obviousness.  The rejection of claims 31-37 is                
          reversed.                                                                   
                                     CONCLUSION                                       
               The rejections of claim 31-37 under 35 U.S.C. §§ 101 and               
          103(a) are reversed.                                                        
                                      REVERSED                                        







                         ERROL A. KRASS                     )                         
                         Administrative      Patent Judge   )                         
                                        - 9 -                                         





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