Ex Parte Himebaugh - Page 10



         Appeal No. 2006-0165                                                       
         Application 10/292,721                                                     
                                                                                   

              Suarez would have fairly suggested, to one of ordinary skill          
         in the art, coupling both the assignment message display and a             
         metering display to the same processor to avoid the expense of a           
         second processor for displaying the metering data.                         
                                 Unexpected results                                 
              The appellant argues (brief, pages 21-26) that the                    
         declaration of John L. Lu (signed November 23, 2004) points out            
         that the reference would not have suggested, to one of ordinary            
         skill in the art, the claim limitations argued in the appellant’s          
         brief.  Lu’s arguments are essentially a repeat of the                     
         appellant’s arguments discussed above, and are not convincing for          
         the reasons given with respect to the appellant’s arguments.               
              The appellant argues that the declarations of James D.                
         Campolongo (signed December 8, 2004) and the inventor, David N.            
         Himebaugh (signed November 23, 2004), indicate a long felt need            
         to accomplish what the appellant’s invention accomplishes, and             
         show that noone has combined all of the technologies encompassed           
         by the appellant’s claims (brief, pages 27-28).  The need was              
         long felt because the computer technology had not been developed           
         sufficiently to carry out the requirements those claims.  Once             
         the computer technology was developed, using it to carry out the           
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