Ex Parte Turpin et al - Page 9



           Appeal No. 2006-0002                                                                      
           Application No. 09/935,531                                                                
           With the above discussion in mind, it is our opinion that                                 
           the Examiner’s proposed combination of Smith and Thong satisfies                          
           all of the requirements of representative claim 1.  In other                              
           words, the resultant combination produces an orthogonal axis time                         
           and data channel display with shaded rectangles which indicate                            
           channel activity.                                                                         
           For the above reasons, since it is our opinion that the                                   
           Examiner’s proposed combination of Smith and Thong satisfies all                          
           of the claimed limitations, the Examiner has established a prima                          
           facie case of obviousness which has not been overcome by any                              
           convincing arguments from Appellants.  Accordingly, the                                   
           Examiner’s 35 U.S.C. § 103(a) rejection of representative                                 
           independent claim 1, as well as claims 2 and 3 which fall with                            
           claim 1, is sustained.                                                                    
                  In summary, we have sustained the Examiner’s 35 U.S.C.                             
           § 103(a) rejection of all of the claims on appeal.  Therefore,                            
           the decision of the Examiner rejecting claims 1-3 is affirmed.                            







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