Ex Parte METTERNICH et al - Page 11




              Appeal No. 2003-0494                                                                                       
              Application No. 09/176,012                                                                                 


              Appellants have not provided any arguments with respect to this rejection of claim 17.                     
              Appellants’ arguments on page 14 of the brief directed to the rejection of claim 17 under                  
              35 U.S.C. § 102, focus on the limitation of a “speech computer” not being taught by                        
              Honda.  This argument is not applicable to the rejection under 35 U.S.C. § 103, as the                     
              examiner states, on page 12 of the answer, that “Honda, however, fails to specifically                     
              disclose …a speech computer.”  Appellants argue this rejection with respect to claims                      
              18 and 19, on page 17 of the brief, stating that by the reasoning provided with respect to                 
              claim 15, the rejection of claims 18 and 19 is also improper.  As stated supra we find                     
              that Honda teach the limitations in independent claim 15.  Since appellants have not                       
              argued a limitation added by dependent claims 17 through 19, we sustain the rejection                      
              of claims 17 through 19 for the same reasons applied supra to claim 15.                                    
                                                       Group D                                                           
                     We next consider the rejection applied to claim 21, group D.  Claim 21 is rejected                  
              under 35 U.S.C. § 103 as being unpatentable over Honda in view of Sormunen.  Claim                         
              21 is ultimately dependent upon independent claim 15, and is thereby grouped                               
              separately from the claims dependent upon either claims 1 and 23.  Appellants’                             
              arguments concerning this rejection are on pages 15 though 17 of the brief and are                         
              directed to independent claims 1 and 23.  Appellants’ argue on page 16 of the brief, that                  
              Honda does not teach a query profile and does not teach the use of a data processing                       
              system separate from a mobile telephone.  These arguments are not directed at claim                        
              21 and inasmuch as they apply to claim 21 are the same as already addressed with                           

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