Ex parte PERRY et al. - Page 11




                 Appeal No. 1998-1259                                                                                                                   
                 Application No. 08/264,817                                                                                                             

                 as a basis for obviousness , looking at what the teachings of2                                                                                       
                 the references considered together fairly suggest, it would                                                                            
                 have been an obvious enhancement of the selectable frequency                                                                           
                 tactile alert of MacDonald to provide the tactile alert                                                                                
                 generator with different tactile alerts for particular desired                                                                         
                 communications signals received, as taught by Connary.                                                                                 


                          Additionally, with respect to appellants' statement                                                                           
                 (brief, page 6) that in Connary "the same customized alert                                                                             
                 signal is generated for all signals having the predetermined                                                                           
                 address identifying the particular selective call receiver 10                                                                          
                 are received" we note that appellants' statement is correct,                                                                           
                 if the selective call received of Connary has a single                                                                                 
                 predetermined address.  However, we note that Connary                                                                                  
                 additionally states that "In summary, a user of the selective                                                                          
                 call receiver 10 may create specialized custom alerts for the                                                                          
                 selective call receiver 10 or for each address of a selective                                                                          


                          2We note that nonobvious structures may well be                                                                               
                 functionally equivalent; see In re Ruff, 256 F.2d 590, 587-98,                                                                         
                 118 USPQ 340, 347 (CCPA 1958).                                                                                                         

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