Ex parte YASSAN - Page 5




          Appeal No. 97-2403                                                          
          Application No. 08/337,806                                                  


          position the switch 16 in the play function and passively                   
          reproduce an audio message in response to ignition switch                   
          operation."                                                                 
               Appellant argues (Brief, page 4) that:                                 
               Moreover, reproduction of a message requires                           
               actuation of start button 20 when switch 16 has been                   
               moved to the play mode.  There is no teaching or                       
               motivation in the Zwern reference that the start                       
               button should be removed.                                              
               We agree with appellant that Zwern does not disclose                   
          passive reproduction of an audio message upon closure of the                
          ignition switch.  Thus, the obviousness rejection of claims 1               
          and 8 through 10 is reversed.                                               
               The obviousness rejection of claims 4 through 6 is                     
          reversed because Franklin’s "digital clock 221 [sic, 22i] and               
          timed message circuit 22 in figure 4 for current time                       
          designation and periodic time designation" (Answer, page 6)                 
          neither teaches nor would have suggested "the omission of                   
          triggering" by start button 20 that is clearly required for                 
          playback by Zwern (Brief,      page 6).                                     
               The obviousness rejection of claim 7 is reversed because               
          Kawasaki’s teaching of repeatedly reproducing a message                     
          (Abstract; column 1, lines 17 through 21) does not cure the                 
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