Ex Parte Grassian et al - Page 10

                Appeal 2007-0833                                                                               
                Application 10/280,254                                                                         
                in Kikinis performs the same functions as the claimed processing module of                     
                the handheld device.  Particularly, we find that by loading the bootstrap                      
                program to verify the host codes before allowing the file transfer, Kikinis’                   
                microcontroller teaches retrieving the claimed operational instructions to                     
                allow transfer of files when the PDA microcontroller becomes a slave unit of                   
                the host CPU.                                                                                  
                      Further, as set forth above, representative claim 20 also requires, upon                 
                detecting a second external condition, retrieving a second set of operational                  
                instructions to playback multimedia data stored in the memory when the                         
                handheld device is not connected to the host.  As detailed in the findings of                  
                fact section above, we have found that Kikinis discloses, in the stand alone                   
                mode, the microcontroller retrieves data stored in the memory of the PDA.                      
                (Findings of Fact 6.)  We find that by disclosing that the microcontroller                     
                retrieves applications data when the PDA is in stand alone mode, Kikinis                       
                teaches retrieving the claimed second set of operational instructions to                       
                playback multimedia data.  Particularly, we find that Kikinis’ disclosure of                   
                retrieving documents, address and telephone records teaches the claimed                        
                retrieval of multimedia data since Appellants’ Specification defines                           
                multimedia data to include text.4                                                              
                      Additionally, we are not persuaded by Appellants’ argument that                          
                Kikinis’ disclosure is not enabling as it pertains to matters discussed in the                 
                background of the invention in the Kikinis reference.  We find that                            
                Appellants’ arguments fail to particularly show that the textual portions the                  
                Examiner relied upon in the rejection are not enabling.  As discussed in the                   
                finding of facts section above, Kikinis appears to have brought about a                        
                                                                                                              
                4 Id.                                                                                          

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