Ex Parte Johnson - Page 4

                 Appeal 2007-0660                                                                                    
                 Application 10/116,574                                                                              


                                                           ISSUES                                                    
                        The pivotal issue in the appeal before us is as follows:                                     
                        Has Appellant shown that the Examiner has failed to establish that                           
                      one of ordinary skill in the art, at the time of the present invention,                        
                      would have found that the combined disclosures of Taylor and Kuroda                            
                      would have suggested the limitations of (1) providing an audible                               
                      warning that the automatic shutdown is imminent, at a pre-designated                           
                      time prior to the automatic shutdown, and (2) automatically re-enabling                        
                      the automatic shutdown to occur after the pre-specified period of                              
                      inactivity, upon a subsequent power up of the handheld device to render                        
                      the claimed invention unpatentable under 35 U.S.C. § 103(a)?                                   

                                                   FINDINGS OF FACT                                                  
                        The following findings of fact are supported by a preponderance of                           
                    the evidence.                                                                                    
                                                        The invention                                                
                 1. Appellant invented a method and system for allowing a user to                                    
                 temporarily disable the automatic shutdown feature in a portable device                             
                 (200) that includes an Auto-off device (299).  (Specification 4).                                   
                 2. As depicted in Figures 3 and 4, the automatic shutdown device (300)                              
                 of the portable device (200) includes a warning module (310) that issues an                         
                 audible warning that the shutdown of the portable device is imminent. (Id.                          
                 7.)                                                                                                 




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