Appeal No. 1999-2412
Application No. 08/553,024
clear as to whether the FSD is loadable at the start-up of the system, it would appear
obvious that this would be the time to load the FSD as most drivers would be loadable
during start-up.
However, Willman mentions nothing about the FSD including data address
translating means for translating data address information communicated between the
operating system and the mass memory storage peripheral computer device. Willman
also discloses nothing regarding the communication of the loadable device driver with the
operating system being such that it does not require the system BIOS, any protocol
translation, or any other type of data address translation mechanism, as claimed. In order
to arrive at such a finding, we would need to resort to unsupported speculation which is
improper under 35 U.S.C. § 103.
Accordingly, the examiner has not established a prima facie case of obviousness
with regard to the subject matter of claims 1-39 and we will not sustain the rejection of
these claims under 35 U.S.C. § 103.
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007