Ex Parte YANG - Page 6




          Appeal No. 2002-1980                                                         
          Application 09/264,769                                                       


          is connected in Figures 2a and 2b to the telephone 100 in                    
          Rydbeck, the microphone is clearly connected by a wire to the                
          telephone in the manner claimed.  The methodology of this                    
          connection is through the contacts 134 in Figure 2c, which is                
          further detailed in the various portions of Figure 3.  Figures 4a            
          and 4b provide teachings of a wireless connected headset 110                 
          functioning as a receiver earphone as claimed and which performs             
          its receiver function by the use of the transceiver 207 in Figure            
          4b or the FM receiver 210 in Figure 4a.  The "comprising"                    
          language at the end of the preamble of claim 40 does not exclude             
          an embodiment of use where the headset 110 is detached from the              
          telephone 110 and the embodiment of the headset 110 is attached              
          to the body of the telephone 100 as in Figure 2a.                            
               In summary, we have reversed the rejections of claims 1-39,             
          but have sustained the rejection of claim 40 under 35 U.S.C.                 
          § 103.  Therefore, the decision of the examiner is affirmed-in-              
          part.                                                                        









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