Appeal No. 2003-0228
Application 09/118,572
fairly suggested, to one of ordinary skill in the art, using, as
Jenkins’ transmitted parameters, parameters which include such
commands.
The examiner argues that parameters can start and stop the
running of a mathematical function and specify the number of
iterations and that, therefore, Jenkins’ parameters are program
commands (answer, page 9). The examiner, however, has not
established that Jenkins’ parameters actually serve the purposes
asserted by the examiner. Also, the examiner has not explained
how the applied references themselves would have fairly
suggested, one of ordinary skill in the art, the use of
parameters that serve those purposes.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the appellants’ claimed invention.
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