Appeal No. 2000-1704
Application No. 08/484,999
Appellants respond that there can be no suggestion from the
IBM Model Guide to apply the function to check version
compatibility at compile time. Specifically, appellants argue that
the IBM Model Guide provides no teaching how a compiler would
analyze version compatibility before the object is compiled [reply
brief].
We agree with the position argued by appellants for
essentially the reasons presented by appellants in the briefs. The
examiner’s arguments do not persuade us that the verifying step of
claim 1 or claim 24 is taught or suggested by the applied prior
art. The examiner relies on unestablished knowledge of the skilled
artisan to support the proposed combination of the teachings of the
IBM Design Guide and the IBM Model Guide. We cannot find any
teachings on this record to support the examiner’s position that it
would have been obvious to apply the teachings of the IBM Model
Guide to verify whether a modified program can compile into a
second version object server before the second version object
server is generated. Therefore, the examiner has failed to
establish a prima facie case of obviousness. Accordingly, we do
not sustain the examiner’s rejection of claims 1, 2 and 24.
We now consider the rejection of claims 17, 18, 23 and 25
based on the IBM Design guide, the IBM Model Guide and
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