Appeal No. 1999-2252
Application 08/780,790
transfer method involving a computer system having application
and operating system instructions stored in main memory. The
Examiner has not addressed this argument.
We therefore agree with Appellants that the Examiner has
failed to set forth a prima facie case. The Examiner must
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. The references of
record fail to provide express teachings or suggestions to
make the combinations suggested by the Examiner.
Therefore, we will not sustain the rejection of Claims
21-22 under 35 U.S.C. § 103 as being unpatentable over
Appellants' admitted prior art.
D. Rejection of claims 3 and 8 under 35 U.S.C. § 103 as
unpatentable over Appellants' admitted prior art in view of
Aichelmann and Amini.
Claims 3 and 8 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Appellants' admitted prior art in view
of Aichelmann and Amini.
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