Ex parte KING et al. - Page 3




                    Appeal No. 95-3292                                                                                                                                     
                    Application 08/115,975                                                                                                                                 


                              The appealed claims stand rejected as follows:                                                                                               
                              (a) claims 1, 5, 7 and 9-12 are rejected under 35 U.S.C. § 103 as unpatentable over                                                          
                              Ichikawa, Fujisaku and Ide.2                                                                                                                 
                              (b) claim 2 is rejected under 35 U.S.C. § 103 as unpatentable over Ichikawa, Fujisaku, Ide                                                   
                              and Nakajima.           3                                                                                                                    

                              The respective positions of the examiner and the appellants with regard to the propriety of                                                  
                    these rejections are set forth in the final rejection (Paper No. 25), the examiner's answer (Paper                                                     
                    No. 31) and the appellants' brief (Paper No. 30).                                                                                                      
                                                                       Appellants' Invention                                                                               
                              Appellants disclose a selective call paging receiver having first and second displays                                                        
                    positioned on first and second surfaces of a housing.  The first display is relatively small and is for                                                
                    displaying a first type message having a message length less than a predetermined threshold length                                                     
                    and the second display is larger for displaying a second type message having a message length                                                          
                    greater than the predetermined threshold length.  The first display is deactivated when the second                                                     
                    type message is received.  After the second type message has been displayed, the second display is                                                     

                    2Although Ide is not mentioned in the examiner’s formal statement of the rejection of claim 5, it is                                                   
                    apparent that this reference is applied to the claim for the same reason as it is applied to the other claims                                          
                    of this group.  Ide was applied against claim 1 and in the final rejection at page 5, the examiner stated,                                             
                    “Claim 5 differs from claim 1 in that claim 5 further includes a transmitter with a decoding scheme prior                                              
                    to transmitting any signals.”  Thus, the appellants had notice of Ide with respect to claim 5.                                                         
                    3Although Ide is not mentioned in the examiner’s formal statement of the rejection of dependent claim                                                  
                    2, it is apparent that Ide is applied against claim 2 for the same reason as it is applied to claim 1, from                                            
                    which it depends.                                                                                                                                      
                                                                                    3                                                                                      





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