Ex parte GILLIG et al. - Page 14

          Appeal No. 1998-1491                                      Page 14           
          Application No. 08/654,502                                                  

          contained in the same housing.  Faced with this defect, the                 
          examiner makes the following allegation.                                    
               [I]t would have been obvious ... to incorporate the                    
               well known and patriarchal use of each of the                          
               communication circuit having a separate housings in                    
               the communication device of Kinoshita in order to                      
               make the communication circuits separable.  It has                     
               been held that constructing a formerly integral                        
               structure in various elements involves only routine                    
               skill in the art.  Nerwin v. Erlichman, 168 USPQ                       
               177, 179.                                                              
          (Id. at 6-7.)                                                               

               The appellants reply, "Kinoshita lacks ... any suggestion              
          to provide first and second housings."  (Appeal Br. at 7.)  We              
          first address the rejection over Kinoshita in view of Martiny.              

                     Rejection over Kinoshita in view of Martiny                      
               The examiner fails to show that Martiny remedies the                   
          defect of Kinoshita.  Because Kinoshita and Martiny integrate               
          their circuits into the same housing, we are not persuaded                  
          that teachings from the prior art would appear to have                      
          suggested the claimed limitations of separate two-way                       
          communication circuits contained in separate housings.  The                 

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