Appeal No. 96-1386
Application 08/030,937
Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d
1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996)
citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
The Examiner argues on page 5 of the answer that Brown
inherently teaches a radio dispatch communication unit capable of
audible transmission via a microphone means. The Examiner argues
that Brown discloses a typical and standard radio dispatch
communication unit and directs us to review column 2, lines 26-30
and column 3, lines 53 and 54 of Brown. The Examiner reasons
that all typical and standard radio dispatch communication units
have a microphone means coupled to the transceiver for
transmission of audio only mode. The Examiner concludes that it
would have been obvious to one skilled in the art to modify the
Brown video only mode radio dispatch communication unit to
provide an audible mode integrally housed together in the same
unit with the video transmission communication unit.
Appellants argue on pages 5 through 8 of the brief that
Brown and Shimoda fail to teach or suggest a microphone or a
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