Reexamination Control No. 90/005,742
Patent 5,253,341
1 L. The level of skill in the art
2 There is no testimony specifically directed to the educational level or years of work
3 experience of a person having ordinary skill in the art, which are relevant to one of the
4 fundamental factual determinations to be made in an obviousness analysis. Graham, 383 U.S.
5 at 17-18, 148 USPQ at 467. As a result, the level of ordinary skill must be inferred from the
6 references themselves. See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978)
7 ("the PTO usually must evaluate both the scope and content of the prior art and the level of
8 ordinary skill solely on the cold words of the literature"); GPAC, 57 F.3d at 1579, 35 USPQ2d at
9 1121 (Board did not err in adopting the approach that the level of skill in the art was best
10 determined by the references of record).
11 M. The rejections based on Filepp
12
13 (1) The Filepp disclosure
14 Filepp explains that interactive computer networks are known in which multiple users,
15 each at a remote terminal, log onto a host computer having a data and software resource that
16 sequentially receives the users’ data processing requests, executes them and supplies responses
17 back to the users. Filepp, col. 1, ll. 26-29. However, a result of requiring the host computer to
18 satisfy all the user data processing requests is that processing bottle-necks arise at the host,
19 causing slowdowns in network response time and requiring an expansion in computing power
20 (i.e., bigger and more complex computer facilities) in order to accommodate increases in the
21 number of users to be served. Id. at col. 1, ll. 36-46. Filepp's system reduces processing
22 demands on the host computer by having the host computer send "objects"
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