Appeal No. 2001-2267
Application 08/828,687
We note that appellant’s application does not refer to any
portion of the disclosed material as “prior art,” but instead,
has a section of the specification labeled as “Background of the
Invention.” This portion of the specification notes that there
are problems associated with interfacing several different
applications on a computer. This portion of the specification,
therefore, indicates that there is a need to create a standard
interface which allows two or more systems to be accessed at the
same time on the same machine and in which the program does not
need to be changed when later on additional programs are
developed that conform to standard or an enhanced version of the
standard [specification, pages 1-2]. We agree with appellant
that this indication that there were problems that the applicant
wished to solve does not constitute admitted prior art.
Appellant’s brief states the following:
The portion relied on from the present
specification merely recites a realization on
the part of the inventor that the problem
solved by the present invention exists. The
Final Official Action points to no “prior
art” which even acknowledges this problem,
other than Appellant’s specification. The
statement in the Background relied on by the
examiner is not admitted prior art.
Appellant does not state that it is
conventionally known, in the art or
otherwise, or provide any indication that the
statement of the problem solved by the
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