Ex Parte GERBER et al - Page 5



          Appeal No. 2002-1986                                                        
          Application No. 09/283,167                                                  
          1955, 1956 (Fed. Cir. 1993).  The conclusion that the claimed               
          subject matter is obvious must be supported by evidence, as shown           
          by some objective teaching in the prior art or by knowledge                 
          generally available to one of ordinary skill in the art that                
          would have led that individual to combine the relevant teachings            
          of the references to arrive at the claimed invention.  See In re            
          Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).            
          This evidence is required in order to establish a prima facie               
          case.  In re Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-           
          88 (Fed. Cir. 1984); In re Cofer, 354 F.2d 664, 668, 148 USPQ               
          268, 271-72 (CCPA 1966).                                                    
               With respect to the claimed feature of generating a list               
          that contains a plurality of call routing parameters based on the           
          present location of the wireless telephone, we agree with                   
          Appellants that neither reference discloses or suggests such                
          feature.  LaDue, in portions relied on by the Examiner, is merely           
          concerned with the location parameter of the server that serves             
          the user (col. 8, lines 23 and 24) or with routing parameters               
          used for sending a message packet to the appropriate link (col.             
          11, lines 18-21 and 29-33).  In sending the packets, although               
          LaDue relies on GPS information related to the subscriber’s                 
          location, the Examiner has pointed to no teaching or suggestion             
                                          5                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007