Appeal 2007-1344
Application 10/045,789
In re Wands, 858 F.2d at 737, 8 USPQ2d at 1404. The examiner’s analysis must
consider all the evidence related to each of these factors, and any conclusion of
nonenablement must be based on the evidence as a whole. Id., 8 USPQ2d at 1404.
The Examiner asserts that the Specification does not make clear the
difference between “direct selection of control parameters” and “indirect selection
of control parameters” (Answer 3). Contrary to this assertion, the Specification
alternately describes the processes of direct and indirect selection of control
parameters. In particular, for the embodiment disclosed in Figure 1, indirect
selection is described as determining control parameters indirectly by algorithmic
processing of the version coding during operation in a controller without
specifying the parameter directly through a separate bit in the code word according
to the version coding (Finding of Fact 1). For indirect selection, control
parameters stored in the application data memory are allocated indirectly, i.e.,
individual values are assigned to certain combinations of information of code word
memory (Finding of Fact 3).
In addition, two embodiments of direct selection are disclosed. In the first,
individual values of application data memory may be allocated directly to
individual items of information in version code memory, such that no algorithmic
processing of the version code memory is necessary to select the appropriate
control parameter from the application data memory (Finding of Fact 3). In the
second, the control parameters are coded directly into the code word and read
directly from the code word (Finding of Fact 2). Since the control parameters are
directly coded into the code word, no application data memory is required and the
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