Ex parte NISHIYAMA - Page 3




                  Appeal No. 1999-1091                                                                                         
                  Application No. 08/273,790                                                                                   


                                         a first controller controlling said radio telephone set circuit to                    
                                         transmit the corresponding response message via said fixed                            
                                         radio apparatus to said caller.                                                       
                          The examiner relies on the following references:                                                     
                          Mizikovsky                    5,559,860             Sept. 24, 1996                                   
                                                                             (filed Jun.  11, 1992)                           
                          Helferich                     5,003,576                    Mar.  26, 1991                            
                          Davis                         4,942,598                    July   17, 1990                           
                          Claims 1 to 14  stand rejected under 35 U.S.C. §103(a) as being                                      
                  unpatentable over Davis in view of Helferich and Mizikovsky.                                                 
                          Reference is made to the briefs and the answer for the respective                                    
                  positions of the appellant and the examiner.                                                                 
                                                          OPINION                                                              
                          For all of the reasons expressed by the examiner (answer, pages 4                                    
                  through 8), and for the additional reasons presented infra, we will sustain the                              
                  obviousness rejection of claims 1 to 14.                                                                     
                          We agree with the examiner that Davis discloses a telephone apparatus                                
                  that functions in the manner set forth in the claims on appeal (answer, page 4).                             
                  We likewise agree with the examiner that Helferich discloses the use of voice                                
                  messaging in connection with a radio telephone system (Abstract), and that it                                
                  would have been manifestly obvious to the skilled artisan to apply the teachings                             
                  of Helferich to those of Davis to add “portability” to the Davis telephone system                            
                  (answer, pages 4 and 5).                                                                                     

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