Appeal No. 95-3292
Application 08/115,975
deactivated to conserve battery power.
Appellants further disclose a paging transmitter. It comprises apparatus for transmitting
the first and second type messages to at least one call receiver. A determining means of the
transmitter determines whether the message to be transmitted is of the first or second type. An
encoding means, responsive to the determining means, encodes the message as the first type
message or the second type message for transmission to the at least one call receiver.
Opinion
Among other things, appellants maintain that there is no teaching or suggestion in the
prior art to combine Ichikawa and Fujisaku in the manner suggested by the examiner as to all of
the claims on appeal. The examiner asserts at page 4 of the examiner’s answer that since Fujisaku
teaches the use of two separate LCD displays to display graphic and character information, the
utilization of these features in Ichikawa would provide two independent LCDs in the pager
receiver of Ichikawa. Still further, in the sentence bridging pages 4 and 5 of the answer, it is
asserted that this would provide a first display means on a first surface and a second display means
on a second surface of Ichikawa’s pager receiver.
We agree with appellants’ position and will not sustain the rejection of the claims. The
examiner simply has not carried his burden of showing a teaching or suggestion in the prior art for
combining Ichikawa and Fujisaku. It has merely been shown that combining the two references
produces a significant part of the claimed invention. Having failed to establish the requisite
teaching or suggestion, a prima facie case of obviousness has not been established. In re Fritch,
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