Appeal No. 2003-1539
Application No. 09/027,400
insulation from accountability.” In re Lee, 277 F.3d 1338, 1345,
61 USPQ2d 1430, 1435 (Fed. Cir. 2002).
With these principles of law in mind, we turn to the
examiner’s rejection and rationale therefor.
The examiner points to the following statement at pages 3-4
of the instant specification:
According to the IEEE 1394 Serial Bus Standard, the
speed map is an array of vectors, where each vector entry
indicates the maximum data transfer rate supported between
two nodes. The IEEE 1394 Serial Bus Standard specifies a
format for a SPEED_MAP register but does not specify how the
bus manager is to compute the vector entries for the speed
map.
From this APA disclosure, the examiner concludes that
skilled artisans
would have been motivated to use the mathematical skills
that they have acquired through many years of schooling and
work experience to compute the vector entries for the speed
map since the IEEE 1394 Standard does not specify a
particular mathematical method to be used (Paper No. 12-page
2).
It is clear from the instant claim language that the claims
are directed to the use of a recursive algorithm for computing
vector entries of a speed map. It is also clear from the
examiner’s rationale that the examiner does not have any evidence
of such a recursive algorithm being used by the prior art to
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