Ex Parte MARKOW et al - Page 3



          Appeal No. 2002-1987                                                        
          Application No. 08/880,032                                                  
               We make reference to the answer (Paper No. 22, mailed July             
          31, 2001) for the Examiner’s reasoning and to the brief (Paper              
          No. 21, filed May 14, 2001) for Appellants’ arguments                       
          thereagainst.                                                               
                                       OPINION                                        
               With respect to the rejection of claims 34-39, 41 and 42,              
          Appellants argue that Freadman does not teach or suggest a                  
          speaker enclosure in a portable computer and instead, is directed           
          to speakers enclosed in a monitor or a keyboard of a conventional           
          computer (brief, page 6).  The Examiner responds by pointing out            
          that, under the broadest reasonable interpretation, the computer            
          of Freadman represents a portable computer since nothing in the             
          reference precludes the system from being moved from one location           
          to another (answer, pages 3 & 4).                                           
               We agree with Appellants that the computer of Freadman is              
          not portable as it includes separate monitor and keyboard.                  
          Although its components can be moved from one location to                   
          another, it is not a portable computer within the ordinary                  
          meaning of the term “portable computer.”3  A portable computer,             
          therefore, must be self-contained with respect to functionality             
               3  According to IBM Dictionary of Computing, McGraw-Hill, Inc., 1994, p.
          517, “portable computer” is defined as “A microcomputer that can be hand    
          carried for use in more than one location,” a copy of which accompanies this
          decision.                                                                   
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