Ex Parte Genkin et al - Page 19



             Appeal No. 2006-1785                                                        Page 19               
             Application No. 10/768,827                                                                        

             lines 9-14; see also plural “command fields 1414” and “requests,” col. 10,                        

             lines 11 and 21].  In particular, we note that McLain discloses at col. 4, lines                  

             18-23:                                                                                            
                          One advantage of the present invention is that multiple levels of                    
                   responses generated by a command response table permit designers to                         
                   quickly provide a network emulator using simple, unintelligent responses                    
                   while allowing more detailed responses to be programmed at a later time.                    

                   Upon consideration of all the evidence before us, we find appellants’                       

             arguments unpersuasive that the examiner has failed to show, inter alia, a                        

             source of the motivation, objective evidence, a reasonable expectation of                         

             success, and also that the proffered combination changes Ryzl’s principle of                      

             operation [brief, pages 22-31].  We find that McLain provides specific                            

             implementation details to improve Ryzl’s wireless device emulation system,                        

             as argued by the examiner [answer, pages 20-28].  We further agree with                           

             the examiner that the teaching, motivation, or suggestion to modify Ryzl                          

             with the teachings of McLain is implicit from the prior art as a whole.                           

             Accordingly, we conclude that the examiner has sufficiently explained why                         

             an artisan possessing knowledge of Ryzl and McLain at the time of the                             

             invention would have been motivated to look to McLain, to select particular                       

             elements, and to combine them with Ryzl.                                                          











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