Appeal No. 1999-1563
Application 08/509,619
as “core system
function not subject to modification by a consumer of said
framework”. This section of Lemon does not provide an
adequate basis for such an interpretation.
Column 20, lines 25-28, of Lemon include the statement
“in fact, some of the more primitive characteristics will only
be set at build time, while some of the more user-customizable
characteristics might be set in the workplace”. The
Examiner’s
reliance on this section of Lemon is not well placed as, inter
alia, it is directed to “characteristics” specific to booting
and not to “functions” as claimed.
The Examiner has therefore failed to set forth a prima
facie case. It is the burden of the Examiner to establish why
one having ordinary skill in the art would have been led to
the claimed invention by the express teachings or suggestions
found
in the prior art, or by implications contained in such
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