Reexamination Control No. 90/005,742
Patent 5,253,341
1 compression techniques and (2) operating in a windowing environment. That the examiner
2 agrees with this conclusion about the high level of skill is evidenced by the absence of a
3 rejection of any of claims 9, 10, and 14 under § 112, first paragraph, for being based on a non-
4 enabling disclosure. Appellant cannot, on the one hand, be given the benefit of a high level of
5 skill in the art in order to comply with the enablement requirement of § 112, first paragraph, and,
6 on the other hand, argue a lower level of skill for judging obviousness over the prior art.
7 A result of this high level of skill in the art is that the rejection of claims 9, 10, and 14 is
8 sustainable if the cited secondary references would have suggested to the artisan that UNIX,
9 RISC, and CISC technology would have been desirable and suitable for use as Filepp's file
10 server 205. The examiner's assertion that the UNIX operating system was recognized as offering
11 the advantages of platform independence and multi-user capability is supported by his citation of
12 page 23-88 of The Electronics Engineers' Handbook, which reads in pertinent part:
13 Operating systems are generally developed for a specific CPU architecture
14 or for a family of CPUs. However, one operating system, the UNIX system (a
15 trademark of AT&T), has been transported to a number of different
16 manufacturers' systems and is in very wide use today. UNIX was developed as a
17 unified, interactive, multiuser system. It consists of a kernel that schedules tasks
18 and manages data, a shell that executes user commands—one at a time or in a
19 series called a pipe—and a series of utility programs.
20
21 Although Dr. Koopman asserts that "[i]t was not obvious to use a UNIX based remote host
22 system," 2d Koopman Decl. at 162, para. 345, he does not actually deny that is would have been
23 obvious in view of The Electronics Engineers' Handbook to implement Filepp's file server 205 as
24 a UNIX-based server. Instead, he denies that it would have been obvious to use a UNIX-based
25 server to handle AV data of the type which is disclosed in appellant's '341 patent but not recited
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