Ex Parte Shih et al - Page 4

                 Appeal 2006-2624                                                                                   
                 Application 10/223,246                                                                             

                       Even though we consider the Examiner’s reasons of combinability at                           
                 pages 4 and 5 of the Answer as being weakly-based, we sustain the rejection                        
                 as to independent claims 1 and 10 because of the compelling assessment of                          
                 the prior art at Appellants’ Specification pages 1 through 3 of the application                    
                 as filed.  This portion on more than one occasion indicates that long term                         
                 exposure to radio frequency signal radiation may damage human tissue.  In                          
                 the context of cell phones and the like of Nakanishi as noted earlier, it                          
                 clearly would have been obvious to the artisan to have utilized some kind of                       
                 indication device to inform the user of the power levels or transmitted signal                     
                 strength levels of such a portable device.  The most straightforward teaching                      
                 of the watt meter 112 in Durkota is the statement at column 4, lines 42                            
                 through 44: “[a] watt meter element 110 and watt meter 112 are used to                             
                 provide local measurements of the transmitted power of the test antenna                            
                 102.”  This is local to the on board test system 105 within the vehicle or                         
                 helicopter in figure 1.  Thus, there’s ample evidence in Durkota that it was                       
                 known in the art to utilize an indicator element of some kind to convey to a                       
                 user the power levels associated with a transmitted signal on an antenna.                          
                 Maia is considered cumulative to what has already been taught in Durkota as                        
                 to watt meters since the showing at figure 162 of Maia merely shows that a                         
                 meter indicating arrangement is inherit in the name “watt meter” used as                           
                 element 112 in Durkota.                                                                            







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