Ex Parte VOGELEISEN - Page 6



          Appeal No. 2002-1328                                                        
          Application 08/970,883                                                      

          modify the system of Kim and Lewo with this feature from Nakajima           
          for added convenience [answer, pages 4-5].                                  
          Appellant argues that the combined teachings of Kim, Lewo                   
          and Nakajima fail to teach or suggest a single button that                  
          activates the base speaker as well as the speaker and microphone            
          of the handset.  Appellant notes that different keys are used to            
          activate the same functions in the applied prior art.  Appellant            
          argues that the motivation of convenience as asserted by the                
          examiner does not support the rejection because the prior art               
          does not disclose the emergency key as claimed [brief, pages 7-             
          10].                                                                        
          The examiner responds that each of the three references                     
          teach telephone functions that are activated by a single key                
          press.  The examiner repeats his assertion that the claimed                 
          invention would have been obvious in view of the combined                   
          teachings of the applied prior art [answer, pages 5-7].                     
          Appellant responds that the applied prior art fails to                      
          teach that a single emergency key dials a pre-stored number,                
          activates the microphone and speaker of the personal device and             
          activates the speaker of the base device [reply brief].                     
          We will not sustain the examiner’s rejection of claims 7                    
          and 9.  The claimed invention recites a system and method in                
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