Appeal 2007-0438
Application 09/905,524
statutory subject matter. Claim 22 recites a computer-readable medium,
which Appellants define at page 15 of the Specification to include carrier
wave signals.3
CONCLUSION OF LAW
On the record before us, one of ordinary skill in the art at the time of
the present invention would not have found that the combination of APA
and Smith renders the claimed invention unpatentable under 35 U.S.C.
§ 103(a).
DECISION
We reverse the Examiner’s decision to reject claims 1 through 22
under 35 U.S.C. § 103(a) as being unpatentable over APA and Smith.
REVERSED
tdl/ce
BLAKELY SOKOLOFF TAYLOR & ZAFMAN
12400 WILSHIRE BOULEVARD
SEVENTH FLOOR
LOS ANGELES, CA 90025-1030
3 A case involving this issue is presented on appeal to the Federal Circuit: In
re Nuijten, No. 06-1301.
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