Ex parte TAPPERSON et al. - Page 8




          Appeal No. 1999-1456                                                        
          Application No. 08/864,750                                                  


          simplified versions of application software.  In column 2,                  
          lines 45-58, Clark further emphasizes that their invention is               
          concerned with a small hand held computer which includes                    
          personal type computing software.  We fail to find that Clark               
          teaches or suggests using his hand held computer system to                  
          control a distributed control system for controlling material               
          flow within an industrial process.  Furthermore, Clark does                 
          not suggest or teach the use of the system to provide                       
          redundant two-way wireless communication for such a system.                 
          Therefore, we find that the Examiner has failed to show that                
          one of ordinary skill in the art would have been reasonably                 
          expected to use the Clark system for automatic synchronization              
          of common files between portable computer and a host computer               
          to provide a redundant two-way wireless communication for a                 
          distributed control system for controlling material flow                    
          within an industrial process.                                               
               In view of the foregoing, we have not sustained the                    
          rejection of claims 2 through 12 and 14 under 35 U.S.C. § 103.              
          Accordingly, the Examiner's decision is reversed.                           
                                      REVERSED                                        


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