Appeal No. 2002-1627
Application No. 09/132,450
claimed invention, which requires a mobile communications device
with transmission over a mobile communications link, Ichikawa is a
hardwired telex system designed for a desktop environment and not
for mobile communications. While the Examiner suggests the
obviousness of employing a mobile communications link in Ichikawa
and substituting wireless for hard wired connections (Answer, pages
5 and 6), there is no evidence of record to support such an
assertion. The Examiner must not only make requisite findings,
based on the evidence of record, but must also explain the
reasoning by which the findings are deemed to support the asserted
conclusion. See In re Lee, 277 F.3d 1338, 1343, 61 USPQ2d 1430,
1433-34 (Fed. Cir. 2002).
We do not dispute the Examiner’s assertion (Answer, page 5)
that “wireless as well as wired communications links are
notoriously well known . . . .” The mere fact, however, that
system or elements are well known does not support the conclusion
that it would have been obvious for one system or element to be
substituted for another. Independent claims 1 and 8 are directed
to particular elements and steps for processing communications
specifically tied to a mobile communications network. In our view,
any teaching or suggestion to modify Ichikawa to implement a mobile
wireless communications system could come only from Appellant’s own
6
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