Appeal No. 2001-1467 Page 7
Application No. 08/687,039
Responsive to the audio alert, the user can then view the text of the SCM and
listen to its audio composition. Specifically, “[w]hen the subscriber initiates a read
message function, the controller 210 extracts the SCM from the memory 212, and
thereby obtains 415 the message data and the audio composition from the SCM. The
controller 210 sends the message data to the display 215, which displays the message
data, and communicates the audio composition to the audio generator 220 which
reproduces 425 the audio composition.” Id. at ll. 30-35.
The examiner fails to allege, let alone show, that the addition of Bartee, Gaskill,
Wong, Kawashima, or Nelson cures the deficiency of Dalvi. Absent a teaching or
suggestion of an alert tone reproduced from musical data coded in a paging signal, the
examiner fails to present a prima facie case of obviousness. Therefore, we reverse his
rejections of claim 4 and claims 2, 3, 5, 6, and 13, which fall therewith; of claim 7 and
claims 9, 10, and 14, which fall therewith; and of claim 8 and claims 11, 12, and 15,
which fall therewith.
CONCLUSION
In summary, the rejections of claims 2-15 under § 103(a) are reversed.
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