Ex Parte HIATT, JR. - Page 10




               Appeal No. 2003-0655                                                                                               
               Application No. 09/406,001                                                                                         

                      Also with respect to claim 10, we note that the “in the address database” language of                       
               claim 1 discussed above has a parallel in step (d) of claim 10.  The “to the second address book”                  
               language of step (d) is not met by the act of file “replacement” as discussed above with respect to                
               claim 1.   For this reason alone, we will not sustain the Examiner’s rejection under                               
               35 U.S.C. § 103.                                                                                                   


                   VII.       Whether the Rejection of Claims 13 and 14 Under 35 U.S.C. § 103 is proper?                          
                      It is our view, after consideration of the record before us, that the evidence relied upon                  
               and the level of skill in the particular art would not have suggested to one of ordinary skill in the              
               art the obviousness of the invention as set forth in claims 13 and 14 for the reasons discussed                    
               above with respect to claim 10 from which it depends.  Accordingly, we reverse.                                    


                   VIII.      Whether the Rejection of Claims 15 and 17 Under 35 U.S.C. § 103 is proper?                          
                      It is our view, after consideration of the record before us, that the evidence relied upon                  
               and the level of skill in the particular art would not have suggested to one of ordinary skill in the              
               art the obviousness of the invention as set forth in claims 15 and 17 for the reasons discussed                    
               above with respect to claim 10 from which it depends.  Accordingly, we reverse.                                    







                                                               10                                                                 





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007