Ex Parte Mishra et al - Page 8



         Appeal No. 2004-2179                                                       
         Application No. 09/785,919                                                 
              As revealed in the abstract, the reader should not lose               
         sight of the fact that Schultheiss teaches “a unified                      
         television/personal computer wireless remote control.”                     
              In view of construing the subject matter actually recited in          
         claim 26 and even in light of appellants’ arguments, we also note          
         in passing that the operability or functionality of the subject            
         matter of claim 26 appears to be inclusive of what appellants              
         admitted at pages 1 and 2 of the specification as filed to be              
         known in the art.  Different types of devices are clearly stated           
         to be controllable in single prior art remote control units, to            
         include different functionalities of control for each of the               
         respective devices, which further include the use of different             
         infrared control protocols which, as admitted, require different           
         command sets to operate.  Thus, it appears that the subject                
         matter of representative argued independent claim 26 does not              
         read over appellants’ own admitted prior art.                              
              In view of the foregoing, the decision of the examiner                
         rejecting certain claims under 35 U.S.C. § 102 and certain claims          
         under 35 U.S.C. § 103 is affirmed.                                         




                                         8                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007