Ex Parte METTERNICH et al - Page 13




              Appeal No. 2003-0494                                                                                       
              Application No. 09/176,012                                                                                 


              Claim 1 contains the additional limitations of “putting together the information of the                    
              information requirements contained in the associated query profile” and “sending the                       
              information to the mobile telephone.”  Independent claim 23 contains similar limitations                   
              in steps c) and d).  Honda teaches that the ID number can be sent from base station to                     
              phone and vice versa (see Honda Column 4, lines 10-33).  However, Honda does not                           
              teach that the ID number (phone number) is used to put together information and that                       
              the information is sent to the mobile telephone.  Accordingly, we will not sustain the                     
              rejection claims 1, 2, 6, 7, 9 through 12, 14, 23 through 27 and 29 under 35 U.S.C.       §                
              103.                                                                                                       
                            Groups H and I                                                                               
                     Finally, we consider the rejection of claims 3 through 5, 8, 13, and 28                             
              (Groups H and I) under 35 U.S.C. § 103 as being unpatentable over Honda in view of                         
              Sormunen and well known prior art.  Claims 3 through 5, 8, 13, and 28 ultimately                           
              depend upon either independent claims 1 or 23.  The examiner has not provided any                          
              evidence that the addition of well known prior art teaches the limitations of “putting                     
              together the information of the information requirements contained in the associated                       
              query profile” and “sending the information to the mobile telephone.”  Accordingly, for                    
              the reasons addressed supra with respect to claims 1 and 23 we reverse the examiner’s                      
              rejection of claims 3 through 5, 8, 13, and 28 (Groups H and I) under 35 U.S.C. § 103.                     
                     Only those arguments actually made by appellants have been considered in this                       
              decision.  Arguments which appellants could have made but chose not to make in the                         

                                                         -13–                                                            



Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007