Ex Parte Platteter et al - Page 9



          Appeal No. 2006-0621                                                        
          Application No. 09/938,237                                                  

          disclosed by Miyawaki, with the synchronization taught by                   
          Yamanaka.  Although the examiner asserts that Yamanaka teaches a            
          document processing system because it includes a typewriter, it             
          is readily apparent that Yamanaka fails to teach a document                 
          processing system of the type claimed or taught by Miyawaki.                
          Yamanaka relates to synchronization of master stations and slave            
          stations in power generating facilities, power transmission                 
          facilities or power substation facilities [column 1, lines 5-23].           
          Since Yamanaka is not directed to a document processing system as           
          claimed or taught by Miyawaki, we fail to see how the                       
          synchronization for “practical use” in Yamanaka has anything to             
          do with the document processing system of Miyawaki.  We agree               
          with appellants that the examiner’s combination of Miyawaki and             
          Yamanaka could only come from an improper attempt to reconstruct            
          the claimed invention in hindsight.                                         
          Since the combination of Miyawaki and Yamanaka is relied on                 
          in support of all the rejections on appeal before us, we do not             
          sustain the examiner’s rejections of the claims with respect to             
          any of the claims on appeal.  Therefore, the decision of the                
          examiner rejecting claims 1-21 is reversed.                                 
                                                                                     

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