Ex Parte Fraser et al - Page 7

                Appeal 2007-0251                                                                              
                Application 10/085,310                                                                        


                      For the foregoing reasons, we sustain the rejection of claim 15, and of                 
                claims 1, 3, 6-15, 17-19, 22, and 25-29 that are not separately argued.                       
                      Appellants argue claims 4, 5, 23, and 24 under a separate heading.                      
                (Br. 11-12.)  We find that the arguments in defense of that group of claims                   
                rely on the argument that we have found unpersuasive; i.e., the proposition                   
                that the claims require a handheld computing device and Moriconi fails to                     
                teach a handheld computing device.  Appellants’ not showing error in the                      
                rejection, we sustain the rejection of claims 4, 5, 23, and 24.                               
                      We agree with Appellants, however, that the Examiner has not set                        
                forth a prima facie case for unpatentability with respect to the subject matter               
                of claims 2, 20, and 21.  We find no basis in this record for the position that               
                Moriconi at column 4, lines 57 through 59, and Figures 2 and 4, would have                    
                suggested that connector 39 could be replaced with “any other appropriate                     
                type” (Answer 4 and 7).  Nor has the Examiner provided any evidentiary                        
                basis for the position that a multi-pin electrical connector and a wireless                   
                interface were art-recognized equivalents at the time of the invention.                       
                (Answer 11.)  We thus do not sustain the rejection as to claims 2, 20, and 21.                











                                                      7                                                       

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

Last modified: September 9, 2013