Ex Parte NAZARIAN et al - Page 4




                    Appeal No. 2004-1546                                                                                             
                    Application No. 09/030,989                                                                                       


                                                              OPINION                                                                
                            We have carefully reviewed the claims, specification and applied                                         
                    prior art, including all of the arguments advanced by both the Examiner                                          
                    and Appellants in support of their respective positions.  This review leads us                                   
                    to conclude that the Examiner’s § 103 rejection is not well founded.  We                                         
                    reach the opposite conclusion with respect to the obviousness-type double                                        
                    patenting rejection.                                                                                             
                            Rather than reiterate the conflicting viewpoints advanced by the                                         
                    Examiner and the Appellants concerning the above-noted rejections, we                                            
                    refer to the Answer and the Brief.                                                                               
                    1. Rejection under 35 U.S.C. § 103                                                                               
                            The Examiner rejected claims 16 to 38 under 35 U.S.C. § 103(a) as                                        
                    unpatentable over the combined teachings of Dias and Omori together or                                           
                    in combination with Sites and Schenk.  We will limit our discussion to claims                                    
                    16, 18, 21, 23 and 30, the only independent claims.                                                              
                            According to the Examiner, Dias discloses a system that is suitable for                                  
                    a medical communication system that includes a bus, interface units and                                          
                    peripheral units.  However, Dias does not show different coupling means for                                      
                    coupling to the bus and the peripheral units.  (Answer, p. 3).  Omori                                            
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