Appeal No. 1999-2252
Application 08/780,790
resident buffer argument . . . These rather slight system call
variations would have been obvious to one skilled in the art."
Answer,
page 4. Second, that
It would have been obvious to one of ordinary skill
in the art at the time the invention was made to
improve upon the system taught by Applicant's
admitted prior art by implementing the improvements
detailed above because it would provide the system
taught by Applicant's admitted prior art with the
enhanced capability of a more efficient (i.e.,
faster) transfer of data. Answer, pages 4-5.
Third, that " . . . it would be obvious to a programmer of
ordinary skill to effect a direct memory transfer between any
desired source and destination, as opposed to performing a
copy operation to an intermediate memory, as the realized
enhanced transfer efficiency is self evident." Answer, page
10.
The Federal Circuit states that "[t]he mere fact that the
prior art may be modified in the manner suggested by Examiner
does not make the modification obvious unless the prior art
suggested the desirability of the modification." In re
Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.
14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
12
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