Appeal 2007-2240
Application 09/818,016
1 to consider what the teachings of that base reference are in order to determine
2 whether there is any motivation for making the proposed modification. The
3 Appellants conclude that where there is no benefit to making a proposed
4 modification, the legally required motivation to establish a prima facie case is
5 absent. (Br. 6-7.)
6 The Appellants contend that Lesaint is primarily concerned with a scheduling
7 algorithm. That reference deals with setting up schedules for service personnel in
8 a particular manner to achieve particular objectives. They contend that there is no
9 benefit to modify the teachings of Lesaint incorporate additional features, because
10 it does not enhance, in any way, the scheduling algorithm or technique of Lesaint’s
11 teachings. The Appellants also contend that the proposed modifications to Lesaint
12 do not in any way facilitate achieving the objectives stated in the Lesaint reference.
13 In other words, there is no teaching or suggestion from within the references for
14 making the Examiner's proposed combination. The Appellants again note that the
15 Lesaint reference is concerned primarily with a rule based and stochastic
16 scheduling algorithm for efficiently distributing tasks based on available resources.
17 They contend that the way in which that algorithm operates is not in any way
18 enhanced by incorporating the teachings from the Bergeron reference relied upon
19 by the Examiner when attempting to establish a prima facie case of obviousness
20 against claims 1-8 and 10. (Br. 7.)
21 The Appellants argue that adding a rejection or acceptance feature from the
22 Bergeron reference does not provide any benefit to the arrangement in the Lesaint
23 reference because it does not make that system any more efficient to reach its
24 intended objectives, and, in fact, it appears at least somewhat contrary to the
25 intentions of Lesaint, which assumes that once an appropriate individual “reports
6
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