Ex Parte AUGSBURG et al - Page 13




          Appeal No. 2002-1672                                                        
          Application No. 09/412,124                                                  

          rejection as well.  The Mehring and Argade references have been             
          applied by the Examiner to address the claimed triggering event             
          timing (claims 3 and 13) and FIFO serialization features (claims            
          7 and 14), respectively.  We find nothing in either of these                
          references, either individually or collectively, which would                
          overcome the innate deficiencies of the Nakano and Baird                    
          references discussed supra.                                                 
               We next consider the Examiner’s obviousness rejection of               
          claims 1-7, 12-14, and 17-20, and 22 based on the combination of            
          Brides in view of Nakano.  In making this rejection, the Examiner           
          (Answer, pages 12 and 13) has relied on that portion of Nakano              
          which describes acquiring information before a triggering event             
          to remedy the deficiencies of Bridges which describes the                   
          acquiring of instructions only after a triggering event.                    
               As previously discussed, although we do not agree with                 
          Appellants that Nakano does not describe a triggering event, we             
          do agree that the Examiner’s analysis and line of reasoning does            
          not establish a prima facie case of obviousness.  We simply find            
          no evidence from the Examiner to support the asserted conclusion            
          (Answer, page 19) that merely because individual references                 
          provide a teaching of acquiring instructions, respectively,                 
          before and after a triggering event, that this would lead to the            

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