Appeal No. 1998-1471 Page 8
Application No. 08/108,510
call receiver, respectively, we are not persuaded that
teachings from the prior art would appear to have suggested
the claimed limitations of “means for manually shutting the
receiver off, means for automatically turning on the manually
shut off receiver for receipt and storage of cyclically
transmitted wireless messages at predetermined times” or
“manually shutting the receiver off, automatically turning on
the manually shut off receiver at predetermined times for
receipt and storage of cyclically transmitted wireless
messages ....” The examiner impermissibly relies on the
appellants’ teachings or suggestions. He has not established a
prima facie case of obviousness. Therefore, we reverse the
rejection of claims 25 and 27 under
35 U.S.C. § 103.3
CONCLUSION
In summary, the rejection of claims 25 and 27 under
35 U.S.C. § 103 is reversed.
3Our reversal is based only on the disclosures of Murai
and Morishima. It does not preclude the examiner from finding
and applying a reference that teaches or suggests
automatically turning on a receiver that has been manually
shut off as claimed.
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