Ex Parte HARTMANN et al - Page 9



          Appeal No. 2000-1250                                                            
          Application No. 08/662,077                                     Page 9           

          messages.  Nor is Astmann directed to providing a generic message               
          interpreter to interpret generic messages to control switches                   
          which respond to native switch messages.                                        
               Thus, we find that neither Ramstrom nor Astmann is directed                
          to the same problem appellant is dealing with, i.e., controlling                
          switches, each of which responds to a different set of native                   
          messages.  It is not necessary that the prior art be directed to                
          the same problem which appellants are involved with.  As long as                
          some motivation or suggestion to combine the references is                      
          provided by the prior art taken as a whole, the law does not                    
          require that the references be combined for the reasons                         
          contemplated by the inventor.  See In re Dillon, 919 F.2d 688,                  
          693, 16 USPQ2d 1897, 1901 (Fed. Cir. 1990)(en banc), cert.                      
          denied, 500 U.S. 904 (1991) and In re Beattie, 974 F.2d 1309,                   
          1312, 24 USPQ2d 1040, 1042 (Fed. Cir. 1992).  However, Ramstrom                 
          and Astmann are each directed to different problems.  Ramstrom is               
          directed to adding functionality to the system while avoiding                   
          problems that the new code may have on the existing system.                     
          Astmann is directed to providing better communication between                   
          processors.  Because Ramstrom and Astmann are directed to                       
          different problems, we see no reason why an artisan of ordinary                 
          skill would have been motivated to make the combination, as                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007