Ex Parte Everhart - Page 6



          Appeal No. 2004-1459                                                        
          Application No. 09/170,156                                                  

          e-mail mode, a news mode, a calendar mode and a browser mode.               
          The examiner cites COMDEX as suggesting a mobile information                
          system for a vehicle which includes these major functions.  The             
          examiner finds that it would have been obvious to the artisan to            
          incorporate Zeinstra’s voice actuated control system with the               
          advanced features of COMDEX.  The examiner notes that the system            
          of Zeinstra can be trained to recognize and activate these major            
          functions (answer, pages 3-6).                                              
          Appellant argues that the cited references do not teach                     
          or suggest the feature of reconfigurable control elements within            
          the context of the appealed claims.  Specifically, appellant                
          asserts that push button 20 of Zeinstra, identified as the                  
          reconfigurable control element by the examiner, has a permanent             
          and singular function.  Appellant notes that although Zeinstra              
          can be trained to recognized additional speech, there are no                
          reconfigurable control elements disclosed therein.  With respect            
          to the claimed states of the electronic mail mode, appellant                
          argues that COMDEX is nothing more than a conceptual                        
          advertisement and does not teach or suggest the states as recited           
          in claims 1 and 9 (brief, pages 9-14).                                      



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