Appeal No. 2004-1668
Application No. 09/466,529
obvious to one of ordinary skill in the art at the time the
invention was made to utilize the teaching of Iddon et al into
[sic, in] view of Pickett and Daniel et al for optimize network
functions to maximize data management” (answer, pages 4 and 6-8).
For a prima facie case of obviousness to be established, the
teachings from the prior art itself must appear to have suggested
the claimed subject matter to one of ordinary skill in the art.
See In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA
1976). The mere fact that the prior art could be modified as
proposed by the examiner is not sufficient to establish a prima
facie case of obviousness. See In re Fritch, 972 F.2d 1260,
1266, 23 USPQ2d 1780, 1783 (Fed. Cir. 1992).
The appellants’ claim 1 requires defining a key based on an
event code, calculating a hash of the key to form an association,
and storing a tally at a database location pointed to by the
association. Claim 13 requires an associative database that is
connected to a parser, stores a tally for a fault message, and
has a hashing calculator. Claim 18 requires determining, for
each of a plurality of targets, a key based on the target, to
form a plurality of keys, calculating a hash of the plurality of
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