Ex parte NILSSEN - Page 14




          Appeal No. 96-3618                                                          
          Application 08/004,598                                                      

          conveys to one of ordinary skill in the art all the features                
          of a conventional cordless telephone handset.  Hong is                      
          directed to the inductive battery charging feature and it need              
          not describe what is well known in the art and not important                
          to the invention.  See Paperless Accounting, Inc. v. Bay Area               
          Rapid Transit System, 804 F.2d 659, 664, 231 USPQ 649, 652                  
          (Fed. Cir. 1986).  Thus, Appellant's argument is not                        
          persuasive.                                                                 
               Appellant argues that the Examiner improperly equated                  
          Hong's element 40 to Appellant's handset.  Appellant errs                   
          because the Examiner clearly referred to "handset (#18) having              
          a handset transceiver (#40)" (2dSEA28).  In any case, however,              
          Appellant should know what constitutes the handset in Hong.                 
               Appellant has failed to rebut the prima facie case of                  
          anticipation.  Therefore, the rejection of claim 9 is                       
          sustained.                                                                  

          3.  Claim 15:  § 102(e) over Gillig                                         
               Claim 15 is directed to the system shown in Appellant's                
          figure 17.  However, the terms "first," "second," etc. do not               
          correspond to the description in the specification at page 32.              


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