Appeal No. 2001-0860
Application No. 08/772,047
See also In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598
(Fed. Cir. 1988).
Based on these well-settled principles, we disagree with the
Examiner that, because OODLL discusses the use of dynamic link
libraries in software design, a speech-enabled object-oriented
input component may be dynamically linked at runtime and replace
the input component of the application. The Examiner’s position
that Appellants’ failure to point out a single limitation that is
not taught supports the conclusion that the combination of the
two applied references discloses the claimed subject matter
(answer, page 9), improperly places the burden of proving
patentability on Appellants before a prima facie case of
obviousness is presented by the Examiner. Although Speech
discusses various object-oriented development tools for building
speech-enabled applications without the need to write any source
code or modify the underlying application program, the Examiner
has failed to establish why one of ordinary skill in the art
would have found it obvious to incorporate the DLLs of OODLL
article as the claimed dynamically linked speech enabled input
component in the speech recognition applications and system
development tools of Speech.
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