Appeal No. 1997-4140 Page 10
Application No. 08/279,628
section as the times and in a section immediately to the right
thereof. Fig. 8.
The examiner merely relies on Shibuya to “teach[] the use
of recording code [sic] representing of [sic] time for the day
of month for programming a VCR.” (Examiner’s Answer at 6.)
He does not allege, let alone show, that the Shibuya remedies
the defects of Kajitani and Yuen.
For the foregoing reasons, we are not persuaded that
teachings from the prior art would appear to have suggested
the claimed limitation of a TV calendar formatted as a
rectangular grid of cells arranged in rows and columns, with
channel bar codes along one side of the grid, time bar codes
along another side, and a TV program descriptor in each cell.
The examiner impermissibly relies on the appellant’s teachings
or suggestions; he has not established a prima facie case of
obviousness. Therefore, we reverse the rejection of claims 27
and 28 under
35 U.S.C. § 103.
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