Ex Parte Chiu - Page 14



           Appeal No. 2006-3126                                            Page 14            
           Application No. 10/154,060                                                         

           power management system with a user-preference power management                    

           feature, as disclosed by Rusch.  We further find that both Flynn and Rusch         

           are analogous references from the same field of endeavor as the instant            

           claimed invention.  In particular, we note that both Flynn and Rusch are           

           directed to portable communication devices such as PDAs, mobile                    

           telephones, and the like.                                                          

                For at least the aforementioned reasons, we find that the examiner            

           has met his/her burden of establishing a prima facie case of obviousness for       

           independent claim 1 and independent claim 13. Accordingly, we will sustain         

           the examiner’s rejection of these claims as being unpatentable over Flynn in       

           view of Rusch.                                                                     

                            Claims 2-5, 8, 10, 11, 12, 14, and 15                             

                We note that appellant has not separately argued dependent claims 2-          

           5, 8, 10, 11, 12, 14, and 15.  Therefore, we will sustain the examiner’s           

           rejection of these claims for the same reasons discussed supra with respect        

           to independent claims 1, 6 and 13, and also for the reasons set forth by the       

           examiner in the rejection.                                                         

                                        Claims 16-18                                          

                We consider next the examiner’s rejection of claims 16-18 as being            

           unpatentable over the teachings of Flynn in view of Rusch, and further in          

           view of Wu.                                                                        







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