Appeal No. 2000-2276
Application No. 08/727,730
indicated date of April 1995 (brief, pages 6 and 7). Appellant’s
arguments to the contrary notwithstanding, the February 12, 1997
date and the accompanying changing times that appear in the lower
right corner of each page of the Yang publication agree with the
examiner’s statement (answer, page 3) that the publication was
obtained via the Internet on February 12, 1997. In other words,
the noted date and times clearly indicate the date and time each
individual page of the publication was downloaded and printed by
the examiner. In the absence of evidence that proves otherwise,
April 1995 is presumed to be the publication date of all of the
material set forth in the publication. In re Epstein, 32 F.3d
1559, 1567, 31 USPQ2d 1817, 1822 (Fed. Cir. 1994) (“in the
absence of evidence to support this speculation, we do not find
appellant’s argument persuasive”).
Appellant argues (brief, page 9) that the applied references
neither teach nor would have suggested to one of ordinary skill
in the art to interface a wireless voice communication system to
the Internet.
We agree with the examiner (answer, pages 3 and 4) that
Pohjakallio discloses a mobile cellular telephone network that
includes a vocoder 34, that the mobile station “has exactly the
same structure as the telephone shown in Fig. 3 of the instant
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