Ex Parte STEWART et al - Page 16




            Appeal No. 2001-2019                                                                      
            Application No. 08/996,567                                           Page 16              


            synchronization of same.  We note that Markl was not cited or                             
            relied upon by the examiner for a disclosure or suggestion of an                          
            audible alarm, as this feature is found in Berry, III.                                    
                  From all of the above, we find that the examiner has                                
            established a prima facie case of obviousness of claim 1 that not                         
            been successfully rebutted by appellants.  Accordingly, the                               
            rejection of claim 1 under 35 U.S.C. § 103(a) is affirmed.                                
                  Turning to independent claim 5, we observe that claim 5 does                        
            not require synchronization.  We affirm the rejection of claim 5                          
            based upon our findings, supra, with respect to Berry, III and                            
            Markl.                                                                                    
                  Turning to independent claim 11, we observe that claim 11                           
            neither requires synchronization nor timing control.  We affirm                           
            the rejection of claim 5 based upon our findings, supra, with                             
            respect to Berry, III and Markl.  Accordingly, the rejection of                           
            claims 1, 5, 6, 11, and 12 under 35 U.S.C. § 103(a) is affirmed.                          
                  We turn next to dependent claims 2 and 7.  Appellants assert                        
            that claims 2 and 7 are allowable due to their dependency upon                            
            claims 1 and 5.  The examiner provides reasons (answer, page 7)                           
            as to why claims 2 and 7 are considered to be unobvious over the                          
            prior art.  In view of appellants lack of assertion of error on                           
            the part of the examiner, we make reference to our findings,                              







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