Appeal No. 97-0438
Application No. 08/250,433
Accordingly, it is respectfully submitted that the
above rejection over the prior art amounts merely to a
piecemeal recombination of elements informed by
hindsight rather than by anything fairly suggested in
the reference upon which the Office Action has relied.
In the absence of evidence in the record or a convincing
line of reasoning as to why it would have been obvious to one of
ordinary skill in the art to add non-speech sound capability to
Sanada, we agree with appellant’s argument that improper
hindsight has been used to demonstrate obviousness of the claimed
invention. Thus, the obviousness rejection of claims 1 through 6
is reversed.
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