Ex parte PERRY et al. - Page 18




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

                 artisan to have one of the plurality of distinctive audible                                                                            
                 (or visual as per claim 10) alert patterns and one of the                                                                              
                 distinctive tactile alert patterns have substantially the same                                                                         
                 distinctive alert pattern as recited in claims 9 and 10 on the                                                                         
                 basis of the evidence provided.                                                                                                        




                          We are in agreement with appellants that there is no                                                                          
                 teaching or suggestion in MacDonald or Connary, alone or in                                                                            
                 combination, of having the patterns of the audible, visual and                                                                         
                 tactile alerts correspond  when the particular desired3                                                                                         
                 communication signal is received.  Accordingly, we reverse the                                                                         
                 rejection of claims 9 and 10 under 35 U.S.C. § 103.                                                                                    









                          3We construe appellants' use of the term "correspond" in                                                                      
                 the brief to mean "substantially the same" as set forth on the                                                                         
                 claims.                                                                                                                                

                                                                          18                                                                            







Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 3, 2007