Ex parte WESTMAN et al. - Page 8




          Appeal No. 98-1394                                         Page 8           
          Application No. 08/325,448                                                  


               For its part, Wohl teaches a paging receiver 18.  Col. 3,              
          l. 2.  The paging receiver, however, is not used to receive                 
          controlling data of any sort, let alone transmitter                         
          controlling data.  To the contrary, the paging receiver 18                  
          merely receives a “paging signal ....”  Col. 2, l. 13.  The                 
          paging signal is a “telephone number,” col. 1, l. 34, rather                
          than controlling data.                                                      
               The examiner fails to allege, let alone show, that Borras              
          or Hatano remedies the defects of Rackley and Wohl.  Because                
          the references do not teach using a paging receiver to receive              
          controlling information of any sort, we are not persuaded that              
          teachings from the prior art would appear to have suggested                 
          the claimed limitation of using a paging receiver to receive                
          transmitter controlling data.  The examiner has impermissibly               
          relied on the appellants’ teachings or suggestions; he has not              
          established a prima facie case of obviousness.  Therefore, we               
          reverse the rejections of claims 1-20 under 35 U.S.C. §                     
          103(a).                                                                     












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