Ex Parte BROWN et al - Page 13




              Appeal No. 2002-0880                                                                                     
              Application No. 09/183,214                                                                               


              test.  Therefore, we will sustain the Examiner’s rejection of claims 8 through 11 under                  
              35 U.S.C. § 103 as being unpatentable over Winkler and Bald.                                             
                     For the group of claims 16 and 17, Appellants argue that Winkler and Bald do                      
              not provide sufficient suggestion or motivation to modify Winkler’s tester device to arrive              
              at a device that obtains current measurements.  See page 28 of the brief.                                
                     As pointed out above, we have found that Winkler teaches a tester designed to                     
              test a plurality of different standard of electronic modules.  Furthermore, Winkler                      
              suggest to those skilled in the art that his invention provides a device for testing a                   
              plurality of electronic modules which can be used by a technician having only limited                    
              skill and that the device provides a pass/fail indication for a module being tested.                     
              Winkler then suggests to those skilled in the art that his system could be modified to                   
              provide other test as well.  See column 16, lines 47 through 56.  Bald teaches testing                   
              other devices that must be tested by using current measurements thereon.  See                            
              Winkler, column 3, lines 44 through column 5, line 2.  Therefore, we find that Winkler’s                 
              suggestion to those skilled in the art of modifying Winkler to provide other tests, would                
              have provided reasons to modify the Winkler system to include the Bald test which                        
              performs a current measurement.  Therefore, we will sustain the Examiner’s rejection of                  
              claims 16 and 17 under 35 U.S.C. § 103 as being unpatentable over Winkler and Bald.                      





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