Ex Parte Clark et al - Page 7



         Appeal No. 2006-2700                                                       
         Application No. 10/705,456                                                 
         1316-17 (Fed. Cir. 2000).  See also In re Thrift, 298 F.3d 1357,           
         1363, 63 USPQ2d 2002, 2008 (Fed. Cir. 2002).                               
              An obviousness analysis commences with a review and                   
         consideration of all the pertinent evidence and arguments.  “In            
         reviewing the [E]xaminer’s decision on appeal, the Board must              
         necessarily weigh all of the evidence and argument.”  Oetiker,             
         977 F.2d at 1445, 24 USPQ2d at 1444.  “[T]he Board must not only           
         assure that the requisite findings are made, based on evidence of          
         record, but must also explain the reasoning by which the findings          
         are deemed to support the agency’s conclusion.”  In re Lee, 277            
         F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).                    

              With respect to representative claim 3, Appellants argue in           
         the Briefs that neither Shapiro, nor Fisher, nor Jones teaches a           
         programming interface layer that includes the step of processing a         
         plurality of function-specific parameters pertaining to a wireless         
         mobile device to thereby generate a function-specific response to a        
         submitted request.  Particularly, at pages 5 and 6 of the Appeal           
         Brief,3 Appellants state the following:                                    
              None of the cited references, alone or in combination,                
              teaches or suggests ‘a parameter processing module for                
              processing function-specific parameters, including device             
              information for a wireless mobile device, for one of said             
                                                                                   
         3 We note that Appellants reiterate these same arguments at pages 4 through 7
         of the Reply Brief and at pages 2 and 3 of the Supplemental Reply Brief.   
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