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.
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