Ex Parte Hayes et al - Page 3

                Appeal 2006-3350                                                                              
                Application 10/287,411                                                                        

                causing the portable device to provide the data indicative of the                             
                recording request stored in the memory to an appliance capable of effecting                   
                a recording of the program in response to the portable device establishing                    
                communication with the appliance.                                                             
                      The prior art relied upon by the Examiner in rejecting the claims on                    
                appeal are:                                                                                   
                      Huang                                US 6,437,836 B1                   Aug. 20, 2002    
                      Sai                                      US 6,822,661 B2                   Nov. 23, 2004

                      The Examiner rejected claims 1 to 29 under 35 U.S.C. § 103(a) for                       
                being obvious over Huang in view of Sai.                                                      
                      Appellants contend that the claimed subject matter would not have                       
                been obvious.  More specifically, Appellants contend that the reference                       
                disclosures cannot properly be combined because the Examiner has failed to                    
                establish an adequate reason to combine.  The Examiner contends that it                       
                would have been obvious to incorporate Sai’s teachings of memorizing a                        
                recording command into a method as disclosed by the program recorder of                       
                Huang.                                                                                        
                      We reverse.                                                                             

                                                   ISSUE                                                      
                      The single issue is whether the Examiner erred in combining the                         
                Huang and the Sai references.                                                                 





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