Ex Parte WICKS et al - Page 7




          Appeal No. 2000-1711                                                        
          Application 08/808,870                                                      

          'complexity' of the proposed combination has no bearing on                  
          whether or not motivation for the combination is evident" (RBr4).           
               We agree that the examiner has not provided sound reasoning            
          for the combination.  However, we find express motivation for the           
          combination as discussed in response to the next argument.                  
               Appellants argue (Br7) that Zabarsky states an express                 
          preference for an alphanumeric keyboard 903 as a means of                   
          entering data at column 12, lines 26-28:  "Pager 106 further                
          preferrably [sic] has a built-in RF modem and full alphanumeric             
          keypad which is used as a message encoder."  Thus, it is argued,            
          one of ordinary skill in the art would have been lead away from             
          the combination of Zabarsky and Metroka (Br8).                              
               We conclude that the collective teachings of Metroka and               
          Zabarsky would have suggested the claimed subject matter to one             
          of ordinary skill in the art, without the need for Indekeu.                 
          Zabarsky discloses a two-way pager with an input device                     
          (keypad 903 in figures 9 & 10) for composing a message of a                 
          sequence of characters.  Messages are stored after the page user            
          generates and enters them (col. 12, lines 41-43; col. 13,                   
          lines 63-66).  An address of the pager or destination of the                
          message ("recipient identifier") is entered after which the                 
          message is transmitted (col. 13, line 68 to col. 14, line 3).               
          The difference between Zabarsky and the claimed subject matter is           
          that Zabarsky uses a keypad for data entry rather than the                  

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