Ex parte MICKELSON et al. - Page 4




          Appeal No. 1999-2555                                                        
          Application No. 08/503,625                                                  


          programmable to emulate avionics devices of the aircraft."                  
          Schefter (page 120) and Covault (page 50) state that computers              
          which are exact duplicates of the computers which will be                   
          aboard the space shuttle are used.  Therefore, the CPU and                  
          programmable input/output emulator, which are parts of those                
          computers, must be duplicates of the hardware used on the                   
          space shuttle.  The examiner, however, asserts (Answer, pages               
          4-5) that "it was notoriously old and well known in the art                 
          that full 'prime hardware incorporation' is not necessary for               
          a simulator, i.e., that incorporation of an operative avionic               
          subsystems [sic] is counterproductive to the desired cost                   
          benefit of simulation."                                                     
               Although we agree with the examiner that generally                     
          simulations of components are cheaper than the actual                       
          hardware, we find a lack of evidence in the record which would              
          support the examiner's conclusion that it would have been                   
          obvious to use a software simulation within the computer for                
          most, but not all, of the computer.  In other words, in the                 
          face of the explicit teachings of Schefter and Covault to                   
          duplicate the entire computer, why would the skilled artisan                
          have been motivated to duplicate only the operational flight                
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