Appeal No. 2002-0490 Page 4 Application No. 09/152,751 Claim 26 stands rejected under § 103(a) as obvious over Mowry and the appellant's admitted prior art ("AAPA"). OPINION Our opinion addresses the rejections in the following order: • anticipation rejection of claims 16-18, 20-22, 24, 25 and 27 • obviousness rejection of claims 19, 23, and 26. Anticipation Rejection of Claims 16-18, 20-22, 24, 25 and 27 Rather than reiterate the positions of the examiner or the appellant in toto, we address the main point of contention therebetween. The examiner asserts, "Mowry taught . . . placing a check instruction after the dismissible load (page 8, 3rd full para.; page 7, figure 1.4; page 129, section titled Summary)." (Examiner's Answer at 3.) The appellant "submits that the unmodified load instruction of Mowry does not perform the same function as the check instruction put in place of the converted load instruction in Appellant's claimed invention." (Appeal Br. at 6.) The examiner answers, "Appellant arguments are directed unclaimed elements, nowhere in the claims are a separate check instruction recited or checking the validity of the data." (Examiner's Answer at 7.) "Analysis begins with a key legal question -- what is the invention claimed?" Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007