Appeal No. 95-4256
Application 08/127,519
television. Claim 1 is illustrative and reads as follows:
1. A method for automatically turning on a set turned off due to noise, said method
comprising the steps of:
(a) determining if a set is turned off due to noise;
(b) storing first data representative of a prior-to-turn-off state, when the set is
turned off due to noise; and
(c) comparing said first data with second data representing a turned-off state if
noise is removed to produce a compared result, and if the compared result is the same,
automatically turning on the set, while if the compared result is not the same, initializing said first
data, and then awaiting a key manipulation.
The references relied upon by the examiner as evidence of obviousness are:
Testin et al. (Testin) 4,641,190 Feb. 3, 1987
Hakamada 4,750,040 Jun. 7, 1988
The appealed claims stand rejected as unpatentable over Hakamada and Testin
under 35 U.S.C. § 103.
The respective positions of the examiner and the appellant with regard to the
propriety of these rejections are set forth in the final rejection (Paper No. 8) and the examiner's
answer (Paper No. 15) and the appellant's brief (Paper No. 14) and reply brief (Paper No. 16).
Appellant's Invention
Appellant discloses a method for automatically turning on a television set which
was turned off due to power line noise. First, it is determined when the set is turned off due to
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