Appeal No. 1998-1259
Application No. 08/264,817
Connary's selective call receiver relates to an audible alert
and adds nothing with respect to this claim limitation.
The examiner's position is that generation of alert
patterns wherein tactile and audible alert patterns are
substantially the same as claimed is "considered to be within
the skill of the artisan" (answer, page 5) with the rationale
that the skill of the artisan is the capability to generate
audible, visual and tactile alert patterns which in and of
themselves are substantially the same as they all convey
alerting information (answer, page 7). While we are in
agreement with the examiner that the prior art suggests
audible, visual and tactile alert patterns that provide
alerting information, review of claims 9 and 10 reveals that
the claims require more. Claims 9 and 10 each require that
the distinctive alerts are generated to have substantially the
same patterns. The mere fact that there are plural alerts
does not meet the claim requirement that the pattern of the
alerts are substantially the same. In the absence of any
persuasive reasoning advanced by the examiner in the answer,
it is our judgment that it would not have been obvious to the
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