Appeal No. 2004-2179 Application No. 09/785,919 As revealed in the abstract, the reader should not lose sight of the fact that Schultheiss teaches “a unified television/personal computer wireless remote control.” In view of construing the subject matter actually recited in claim 26 and even in light of appellants’ arguments, we also note in passing that the operability or functionality of the subject matter of claim 26 appears to be inclusive of what appellants admitted at pages 1 and 2 of the specification as filed to be known in the art. Different types of devices are clearly stated to be controllable in single prior art remote control units, to include different functionalities of control for each of the respective devices, which further include the use of different infrared control protocols which, as admitted, require different command sets to operate. Thus, it appears that the subject matter of representative argued independent claim 26 does not read over appellants’ own admitted prior art. In view of the foregoing, the decision of the examiner rejecting certain claims under 35 U.S.C. § 102 and certain claims under 35 U.S.C. § 103 is affirmed. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007