Appeal No. 2004-1676 Application 09/263,918 invention relates to performing ATM SAR functions with software implemented in the CPU of a personal computer. "On the other hand, Kwak discloses a specialized ATM terminal to perform segmentation and reassembly, and discloses the use of a software segmentation and reassembly device (SSID). This specialized type of ATM terminal is a type of prior art that Appellant's claimed invention was designed to improve upon." (RBr4-5). We agree with King, which position was adopted by the CCPA in In re Prater, 415 F.2d 1393, 1406, 162 USPQ 541, 551 (1969) ("appellant's invention ... was not obvious under 35 U.S.C. 103 because one not having knowledge of appellant's discovery simply would not know what to program the computer to do"). However, this is not the present fact situation. Here, unlike Prater, the functions to be performed are disclosed. More importantly, we find that Kwak discloses performing ATM SAR functions in software using a CPU. The only issue is whether it would have been obvious for the CPU of Kwak to be the CPU of a personal computer. Appellants refer (RBr5) to the advantage that "the use of software to perform the segmentation and reassembly reduces the cost" (specification, page 6). The advantage also applies to Kwak. Kwak's invention is to use software instead of hardware. - 9 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007