Ex parte FRAGER et al. - Page 5




          Appeal No. 1998-0925                                                        
          Application No. 08/588,836                                                  


               We agree with the examiner insofar as connection of the                
          speakers in IBM causing the speakers and the computer keyboard              
          to become “integrated.” However, we do not see how such                     
          connection causes the speaker(s) to become “mounted within”                 
          the computer keyboard.  The speakers may be considered to be                
          mounted “on” the computer keyboard in IBM but they cannot                   
          reasonably be considered to be mounted “within” the computer                
          keyboard.                                                                   
               Accordingly, we will not sustain the rejection of claims               
          1 through 4, 6 and 11 through 15 under 35 U.S.C. § 103 based                
          on IBM.  Since neither APA1 or APA2 or APA3 provides for the                
          deficiency of IBM, we also will not sustain the examiner’s                  
          rejection of claims 7 through 10 under 35 U.S.C. § 103.                     
               Turning now to the rejection of claims 16 through 19                   
          under 35 U.S.C. § 103 based on IBM and Aoki, we will sustain                
          this rejection since Aoki, in Figure 3, clearly provides the                
          teaching which would have led the artisan to provide for a                  
          speaker integrated into and mounted within the computer                     
          keyboard.  Appellants, for their part, provide no argument                  
          against this rejection and provide no comments whatsoever with              
          regard to the Aoki reference, preferring, instead, to rely on               
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