Ex Parte 5253341 et al - Page 67




               Reexamination Control No. 90/005,742                                                                                   
               Patent 5,253,341                                                                                                       

          1    reversing the rejection of claim 101 for anticipation by Walter.                                                       
          2            (2)  Claim 103 – obvious over Walter in view of Kirchner?                                                      
          3            Claim 103 repeats the preamble and paragraphs (a) to (d) of claim 93 and recites as                            
          4    step (e): "wherein said remote query and data retrieval means is mobile."                                              
          5            The term "mobile" is not defined in the '341 patent and appears therein in only the                            
          6    following sentence:  "It is yet a further object of the present invention to provide a remote query                    
          7    communication system in which the end user station is mobile."  '341 patent, col. 1, ll. 59-61.                        
          8    Neither the examiner nor the appellant has provided a definition of "mobile" as used in the claim.                     
          9    Broadly defined, "mobile" simply means "[c]apable of moving or being moved from place to                               
         10    place."  The American Heritage Dictionary of the English Language 842 (New College Edition,                            
         11    1975).  However, in the context of the needs allegedly solved by the invention, it is reasonable to                    
         12    interpret “mobile” as used in the claim more narrowly as requiring that the "remote query and                          
         13    data retrieval means" (with or without the remaining components of the disclosed end user                              
         14    station) be capable of convenient transportation from one location to another, such as from the                        
         15    office to a hotel:                                                                                                     
         16                    There has long been a need to provide a system, method and                                             
         17            device which can rapidly enter, communicate, distribute and/or retrieve                                        
         18            data and display the data in a timely fashion for a variety of applications.                                   
         19            Such a system and method could be utilized to immediately access and                                           
         20            rapidly display information relevant to new consumer products, financial                                       
         21            information, real estate listings, travel accommodations and special events                                    
         22            or performances and the like at an end user station as well as provide                                         
         23            timely updates of such information.  The device could be conveniently                                          
         24            located in a home, office or hotel and could be conveniently transported.                                      
         25                                                                                                                           

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