Appeal No. 2005-0860
Application No. 09/363,728
of a contact pad 80 with a contact element 32 provides
a completed electrical pathway such that electrical
charging or electrical communication between [docking
apparatus] 2 and data entry terminal 4 may be
accomplished [column 4, line 66, through column 5, line
9].
The rejection of claim 3 rests on the examiner’s finding
(see pages 6 and 7 in the answer) that Davis ‘943 meets the
limitations in the claim relating to the switch, the first and
second data ports and the control mechanism. This finding has no
reasonable basis in the fair teachings of Davis ‘943, and the
examiner’s application of Koenck and Davis ‘966 (see page 7 in
the answer) does not rectify this evidentiary shortcoming.
Consequently, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 3 as being unpatentable over Davis
‘943 in view of Koenck and Davis ‘966.
IV. The 35 U.S.C. § 103(a) rejection of claim 4 as being
unpatentable over Brown in view of Cheung
Brown discloses a health monitoring system comprising a data
management unit 10, a handheld microprocessor-based unit 12, a
blood glucose monitor 16, a modem 52 and a clearinghouse
computing facility 54, with these elements being operatively
associated as shown in Figure 1. The data management unit 10 and
clearinghouse 54 communicate through the modem 52 to allow
9
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