Appeal No. 1998-2708
Application No. 08/459,361
invention by the reasonable teachings or suggestions found in
the prior art, or by a reasonable inference to the artisan
contained in such teachings or suggestions. In re Sernaker,
702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
"Additionally, when determining obviousness, the claimed
invention should be considered as a whole; there is no legally
recognizable 'heart' of the invention." Para-Ordnance Mfg. v.
SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,
1239 (Fed. Cir. 1995) (citing W. L. Gore & Assocs., Inc. v.
Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed.
Cir. 1983), cert. denied, 469 U.S. 851 (1984)).
The Examiner reasons that Gillig discloses the claimed
invention except that Gillig is connected to land lines rather
than to a radio communications system. The Examiner notes
that Morais discloses a radio communications system with a
number of base stations connected to a local exchange and a
number of wireless terminal stations that communicate, by
radio, with at least one base station, and telephone sets
connected by subscriber lines to the wireless terminal
stations (final rejection-page 3). The Examiner states:
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