Ex Parte Arul - Page 7



          Appeal No. 2005-0276                                                        
          Application No. 09/736,941                                                  

          remote control unit, thereby arriving at the subject matter                 
          recited in independent claim 1.  Hence, the appellant’s                     
          contention that the proposed reference combination rests on                 
          impermissible hindsight is not convincing.                                  
               Accordingly, we shall sustain the standing 35 U.S.C.                   
          § 103(a) rejection of claim 1 as being unpatentable over Croy in            
          view of Tiemann.                                                            
               We also shall sustain the standing 35 U.S.C. § 103(a)                  
          rejection of claims 6 and 8 as being unpatentable over Croy in              
          view of Tiemann.                                                            
               Claim 6 depends from claim 1 and further defines the input             
          to receive externally applied energy as an electrical input.  The           
          combined teachings of Croy and Tiemann, and particularly Croy’s             
          disclosure of an electrical input for receiving externally                  
          applied energy to recharge the remote control unit, would have              
          suggested this subject matter.                                              
               Claim 8 depends from claim 1 and requires that the appliance           
          being controlled by the device, or a unit in electrical                     
          communication with the appliance, include a docking station to              
          receive the device.  The combined teachings of Croy and Tiemann,            
          and particularly Croy’s disclosure of a base station which (1)              
          has a docking area for receiving a remote control unit and (2) is           
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