Ex Parte O'HAGAN - Page 5




                    Appeal No. 2003-2018                                                                                                                                  
                    Application No. 09/057,261                                                                                                                            


                    Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444.  See also Piasecki,                                                                                     
                    745 F.2d at 1472, 223 USPQ at 788.                                                                                                                    
                              An obviousness analysis commences with a review and                                                                                         
                    consideration of all the pertinent evidence and arguments.  "In                                                                                       
                    reviewing the [E]xaminer's decision on appeal, the Board must                                                                                         
                    necessarily weigh all of the evidence and argument."  In re                                                                                           
                    Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444.  "[T]he Board must                                                                                      
                    not only assure that the requisite findings are made, based on                                                                                        
                    evidence of record, but must also explain the reasoning by which                                                                                      
                    the findings are deemed to support the agency's conclusion."  In                                                                                      
                    re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.                                                                                          
                    2002).  With these principles in mind, we commence review of the                                                                                      
                    pertinent evidence and arguments of Appellant and Examiner.                                                                                           
                              Appellant argues that Barclay fails to teach or suggest                                                                                     
                    communicating a dictionary file having phonemes and a syntax file                                                                                     
                    having an allowable pattern of words from a host computer to a                                                                                        
                    mobile device, as required by Appellant's independent claims 1,                                                                                       
                    12, 18, 20 and 22.  See pages 3-5 of Appellant's brief and reply                                                                                      
                    brief.                                                                                                                                                
                              The Examiner agrees that Barclay does not teach a host                                                                                      
                    computer operative to communicating at least one graphical user                                                                                       


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