Appeal No. 1999-2343
Application 08/881,741
Kuroda does not teach downloading executables, but downloads data
which is part of a table of data (Br4-6).
The Examiner does not address the merits of Appellant's
argument. The Examiner finds (EA4-5) that the signal processing
card (SPC) 5 in Kuroda performs specific functions, such as
analog/digital conversion, storing, and vocal analysis, using
software (i.e., "executables"). However, this does not address
the limitation at issue of downloading executable modules, and
doing so at run time. Kuroda discloses that vocal analysis is
performed by signal processor 8 on input data stored in the DSP
(digital signal processor) memory 9 using downloaded probability
value data also stored in DSP 9. We agree with Appellant that
the downloaded probability value data is not executable code, but
is data only, which the Examiner does not appear to contest.
Kuroda does not disclose where the program is stored for
performing the signal analysis, but it is not disclosed to be
downloaded from the main memory 4. Only data is transferred from
the main memory 4 to the DSP memory 9 (col. 3, lines 58-62). The
Examiner has made no argument that it would have been obvious to
download executable code given the teaching of downloading data.
Because Kuroda does not disclose or suggest downloading
executable modules to the card, or doing so at run time, and
because the Examiner has not accounted for these limitations in
the statement of the rejection, the Examiner has failed to
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