Ex parte COMROE et al. - Page 10




          Appeal No. 96-1386                                                          
          Application 08/030,937                                                      


          would have led those skilled in the art to make the Examiner's              
          proposed modification.  Therefore, we find that the Examiner has            
          failed to establish that the prior art would have taught or                 
          suggested to those skilled in the art to modify Brown's commu-              
          nication unit having one mode of operation of transmitting video            
          information to a communication unit having both a audible mode              



          of operation and a video mode of operation as recited in the                
          Appellants' claims by pointing to the express teachings or                  
          suggestions found in the prior art.                                         
               We have not sustained the rejection of claims 1 through 11             
          and 17 through 19 under 35 U.S.C. § 103.  Accordingly, the                  
          Examiner's decision is reversed.                                            
                                     REVERSED                                         



                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
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                    ERROL A. KRASS               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
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