Ex parte BERTOCCI - Page 9




          Appeal No. 1998-1393                                       Page 9           
          Application No. 08/498,306                                                  




               Second, the appellant summarizes the remainder of his                  
          arguments as follows.                                                       
               There is ... no disclosure or suggestion provided in                   
               any of these cited references, of a voice message                      
               being stored in memory in a base unit of a cordless                    
               telephone and then being transmitted to a handset                      
               unit, also in the cordless telephone, where the                        
               voice message is generated in a loudspeaker in the                     
               handset unit.  (Appeal Br. at 5.)                                      
          The examiner replies, “Since the cited references disclose                  
          that it is known in the art to forward caller identification                
          information (whether visual or audible), the combination of                 
          Hasegawa, Fujioka, and Patsiokas renders the present invention              
          obvious ....”  (Examiner’s Answer at 8-9.)  We agree with the               
          examiner.                                                                   


               The appellant errs in considering the references                       
          individually.  “Non-obviousness cannot be established by                    
          attacking references individually where the rejection is based              
          upon the teachings of a combination of references.”  In re                  
          Merck & Co., 800 F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir.              
          1986) (citing In re Keller, 642 F.2d 413, 425, 208 USPQ 871,                
          881 (CCPA 1981)).  In determining obviousness, furthermore,                 







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