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 and
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