Appeal No. 2004-1459
Application No. 09/170,156
Zeinstra. The push button 20 identified by the examiner has a
single permanent function and is not reconfigurable. The
conceptual teaching within COMDEX fails to suggest the specific
three states of the mail mode as recited in claims 1 and 9. The
fact that the references could be modified to implement the
claimed invention does not support the rejection based on
obviousness when there is no suggestion to make the modifications
within the applied prior art. We agree with appellant that there
are recitations within claims 1 and 9 which are neither taught
nor suggested by the applied prior art.
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