Ex Parte ERLAND - Page 13



          Appeal No. 1998-2864                                                        
          Application No. 08/338,235                                                  

          The lamps 23a and 23b of Kobayashi, albeit, arguably, “displays”            
          of an alarm condition, do not, in any way, act to display                   

          selected-parameter measurement data which has been retrieved from           
          memory in the control console.                                              
               With regard to claims 6 and 15, the examiner relies on Crane           
          for the teaching of a radio system that has memory to store                 
          information received from another processor at another location.            
          The examiner then contends that the artisan would have recognized           
          the desirability of storing pluralities of information in                   
          Kobayashi’s memory so that the information can be retrieved                 
          locally.  With regard to the limitation of a memory to store                
          measurement data in which the measurement data of a selected                
          parameter is selected by the operation of a keypad, the examiner            
          asserts that this claim limitation “lacks criticality” [principal           
          answer-page 8].                                                             
               Even if we assumed that the examiner’s application of                  
          Kobayashi and Crane is reasonable, we will not sustain the                  
          rejection of claims 6 and 15 under 35 U.S.C. 103 because the                
          examiner may not dismiss an explicit claim limitation by stating            
          that it “lacks criticality.”  As explained by appellant [page 12            
          of the principal brief], this feature enables an operator of the            
                                        -13–                                          




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