Appeal No. 1997-2760
Application No. 08/302,133
& Refractories, Inc., 776 F.2d 281, 293, 227 USPQ 657, 664
(Fed. Cir. 1985), cert. denied, 475 U.S. 1017 (1986); ACS
Hosp. Sys., Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577, 221
USPQ 929, 933 (Fed. Cir. 1984). These showings by the
Examiner are an essential part of complying with the burden of
presenting a prima facie case of obviousness. Note In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992).
Appellants’ primary argument in the Briefs centers on the
contention that the Takahashi reference does not disclose a
communication connection between a control panel and telephone
base which is independent of the attachment of the control
panel to the base. After careful review of Takahashi in light
of the arguments of record, we are in agreement with
Appellants’ position as stated in the Briefs. We note that
the relevant portion of independent claim 10 recites:5
the telephone set comprises means for communication
between the base station and the control panel,
operable independently of the detachment and
movement of the control panel remotely from the
base station, ...
5Similar recitations appear in claims 13 and 14, the
other independent claims on appeal.
9
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