Appeal No. 1999-2213
Application No. 08/641,956
the claimed invention, the examiner has not addressed the claimed invention, as a
whole. Whereas, the claim requires
a selection processor for managing exchange of user selectable music
and video games between said storage unit and said microwave cellular
tower, and
a plurality of dedicated user portable digital cellular devices exchanging
digital music and video games transmissions with said microwave cellular
tower in response to user selection of said user selectable music and
video games.
The “selection unit” argued by the examiner actually is a “selection processor” for
managing the exchange of selectable data which would be more than a mere router at
an Internet Service Provider (ISP).
Appellant argues that Bradbury is silent as to use of the Internet and does not
provide a motivation for its use as the examiner maintains. (See brief at page 4.) We
agree with appellant. From our review of Bradbury, Bradbury is concerned with the
integration of the disclosed functional units into a portable work station. (Bradbury at
columns 3-4.) Bradbury discloses that the data interface 66 is connected to the cellular
phone and the modem to permit facsimile and data transmission. (Bradbury at
column 5, lines 2-4.) Therefore, Bradbury does not expressly suggest the use of an
ISP as advanced by the examiner. While we do not dispute the interaction of the units
in the examiner’s proposed use of the portable computer of Bradbury, we do not find an
express or even an implied teaching or suggestion in Bradbury alone for the examiner’s
combination with an ISP.
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