Appeal No. 1998-1491 Page 17 Application No. 08/654,502 Rejections Relying on Hofmann Although Hofmann teaches first and second communications circuits that provide two-way communication, Translation, p. 2 ("two radio sub-systems"), the examiner admits that the primary reference "does not disclose that each of the communication circuit having [sic] a separate housings." (Examiner's Answer at 8.) To the contrary, "[t]he basic concept of the invention is to combine two sub-systems? [sic] in the automatic telephone system." Translation, p. 2. 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 Hofmann 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. (Examiner's Answer at 8-9.) The appellants reply, "Hofmann lacks any motivation to separate any components of the radio device among first andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 3, 2007