And if it were not for KSR he probably would not attempted his obviousness challenge and we would be re-certified which we are not becuse we were denied certification. Which we have to appeal
I discounted the KSR argument because the examiner appears to be using the prior TSM rationale in arriving at his conclusions, and given his understanding of the clocks he would still have arrived at the same conclusion with or without the benefit of KSR.
Be well