Ex parte YAMAMOTO et al. - Page 6




          Appeal No. 96-1857                                                          
          Application No. 08/340,435                                                  

          there would be a device...in the tv, vcr or vtr with a timer                
          for sending timing signals to a central controller for                      
          controlling the operation and interaction of the various                    
          electronic devices...at predetermined times as set by the                   
          operator.”                                                                  
               Appellants challenged the examiner [brief - page 9] to                 
          provide a reference in order to support this allegation but                 
          the                                                                         
          challenge remained unanswered by the examiner.  Speculation on              
          the part of the examiner cannot support a rejection under 35                
          U.S.C. § 103.                                                               
               Even if the applied references were combinable, it is                  
          unclear how such a combination would result in the claimed                  
          subject matter.  Ide is directed to the use of two timers [one              
          in the remote controller and one in a central controller], one              
          of which is given priority over the other, and Miyagawa is                  
          directed to a system wherein various audio video components                 
          may be monitored via television but there is no disclosure of               
          employing a timer in any one component to control any other                 
          component.  Therefore, it is unclear how the teachings of                   
          these references are to be combined in a manner to result in a              

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