Ex Parte SKINNER et al - Page 15




         Appeal No. 2002-0831                                                       
         Application 08/250,286                                                     


         to versions made by different manufacturers.  Therefore, the               
         examiner’s rejection fails to address the specific limitations             
         recited in claims 50 and 51.                                               
         With respect to independent claim 44, appellants                           
         additionally argue that Toyoshima does not disclose downloading            
         data from an external memory device [brief, page 23].  We will             
         sustain the examiner’s rejection of claim 44.  Toyoshima                   
         discloses that programming from card 39 is downloaded by being             
         read and is used to control the switches of memories 34a to 34d.           
         We find that this operation constitutes a downloading of                   
         information from an external programmer to a memory device as              
         claimed.                                                                   
         The remaining claims not specifically discussed above                      
         were either not argued by appellants or contain limitations that           
         we have discussed above.  As a result of the discussion above, we          
         also sustain the examiner’s rejection of claims 36, 37, 45, 53             
         and 56-58, but we do not sustain the examiner’s rejection of               
         claims 54 and 55.                                                          
         In summary, we have not sustained the examiner’s                           
         rejection of the claims under the first paragraph of 35 U.S.C.             
         § 112.  The rejection of all appealed claims under 35 U.S.C.               
         § 103 is sustained with respect to claims 35-39, 44, 45, 47-49,            

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