Ex parte AMMIRATO et al. - Page 5




         Appeal No. 1999-2076                                                    
         Application No. 08/597,794                                              


         35 U.S.C. 103 as the examiner has failed to establish a prima           
         facie case of obviousness.                                              
              The examiner contends that Greif discloses, in the                 
         abstract, “base information, new version and change                     
         determination” [answer-page 3] but does not show reporting              
         changed inputs and outputs. The examiner relies on Bittel for           
         showing reporting changes “in an analogous art” [answer-page            
         4] for the “purpose of reporting efficiency.”  The examiner             
         relies on Borland for the dependency limitation, pointing to            
         the auditing feature of Borland.                                        
              We disagree with the combination.  We do not find Bittel           
         to be “analogous art” since the instant invention is directed           
         to an electronic spreadsheet, whereas Bittel is not even in             
         the electronic arts, nor does it pertain to any problem sought          
         to be solved by appellants, describing, instead, a management           
         information and control technique for indicating whether a              
         condition or operation is within prescribed standards.  We              
         find no reason for the skilled artisan to look to anything              
         within the disclosure of Bittel as a way of improving upon              
         anything disclosed by Greif.                                            
              Moreover, the instant claimed invention is concerned with          
                                       5–                                        





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007