Ex parte KHALIDI et al. - Page 5




                 Appeal No. 1999-2252                                                                                                                   
                 Application 08/780,790                                                                                                                 


                                                                     OPINION                                                                            
                 A.       Rejection of claims 1-2, 4-7, 9-11, 13, 14 and 16 under                                                                       
                 35 U.S.C. § 103 as being unpatentable over Appellants'                                                                                 
                 admitted prior art in view of Aichelmann.                                                                                              
                          We will not sustain the rejection of Claims 1-2, 4-7, 9-                                                                      
                 11, 13, 14 and 16 stand rejected under 35 U.S.C. § 103.                                                                                
                          The Examiner has 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                                                                                 
                 teachings or suggestions.  In re Sernaker, 702 F.2d 989, 995,                                                                          
                 217 USPQ 1, 6 (Fed. Cir. 1983).                                                                                                        
                          Appellants argue  that the cited references do not3                                                                                                
                 disclose, suggest, or render obvious (i) an application                                                                                
                 directing the data in a memory object associated with a fast                                                                           
                 buffer be transferred to a sink device without copying any                                                                             
                 portion of the data to the main memory unless the application                                                                          




                          3Brief, page 6.                                                                                                               
                                                                           5                                                                            





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

Last modified: November 3, 2007