Appeal No. 2006-2106 Page 6
Application No. 09/585,767
whole. It is improper to downgrade a reference on the basis that it teaches away,
unless it teaches away in the context of the combination of references. In re
Keller, 642 F. 2d 413, 425, 208 USPQ 871, 881 (CCPA 1981); In re Merck & Co.,
Inc., 800 F. 2d 1091, 1096, 231 USPQ 375, 380 (Fed. Cir.1986).
While Calaman may not be concerned with improving cell phones, as
argued by Appellant, Calaman is indeed concerned with improving emergency
contact communications, i.e., by providing contact information in a local official
language to a user of a communication device. This is a feature applicable, in
our view, to communication devices of all kinds used for emergency purposes
including the cell phone device of Raith. We find to be particularly noteworthy
that, while Calaman has chosen to utilize a wearable skin contact device for
emergency situations, the wireless communications transceiver used in the
disclosed device is one that is also used in mobile telephones. (Calaman,
column 5, lines 4-7).
For the above reasons, since it is our opinion that the Examiner’s prima
facie case of obviousness has not been overcome by any convincing arguments
from Appellant, the Examiner’s 35 U.S.C. § 103(a) rejection of independent
claims 1, 9, and 18, as well as dependent claims 2-8 and 10-17 not separately
argued by Appellant, 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 1-18 is affirmed.
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