Reexamination Control No. 90/005,742
Patent 5,253,341
1 (Fed. Cir. 1983) (fact that teachings relied upon to show obviousness were repeated in a number
2 of references strengthened conclusion of obviousness). That is clearly the situation before us,
3 although the examiner could have made the same point with fewer Gale articles. That is, rather
4 than being cited for the details of the RISC, CISC, and UNIX servers and workstations discussed
5 therein, the Gale articles are cited collectively to show that such servers and workstation were
6 known in the art and in fact commercially available prior to the filing date of appellant’s ‘341
7 patent. Dr. Koopman's chief criticism of the Gale articles, which is that they contain too little
8 information to be enabling, see, e.g., 2d Koopman Decl. at 26, para. 52 ("A reference that has no
9 pertinent technical content is not meaningful prior art."), fails to consider the Gale articles in this
10 light. Also, his testimony fails to take into account the high level of skill in the art that is
11 implied by the brevity of the discussion in the ‘341 patent regarding the use of a UNIX-based
12 server employing a RISC or CISC processor:
13 The server 11 will typically include special purpose, high speed processing and
14 large capacity multi-distributed storage capability. The server 11 will typically be
15 more powerful than the EUS 10, can preferably be UNIX based, and should
16 utilize a CISC or RISC based processor which is capable of utilizing compression
17 software such as fractal-transform technology, manufactured and marketed by
18 Iterated Systems, Inc. of Norcross, Ga., and which can be enhanced by co-
19 processors. In addition, the host processor should be able to operate in a
20 windowing environment. Other compression/decompression packages such as
21 JPEG and DFF (Differential Image Storing) may also be utilized by the
22 host/server 11 of the present invention.
23
24 '341 patent, col. 4, ll. 13-26 (emphasis added). The ‘341 patent thus presumes that a person
25 having ordinary skill in the art of interactive computer networks, without the exercise of undue
26 experimentation, would have been able to select or design a UNIX-based server which has a
27 RISC or CISC processor and is capable of (1) performing one or more of the above-specified
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