Ex Parte Grassian et al - Page 11

                Appeal 2007-0833                                                                               
                Application 10/280,254                                                                         
                solution to these problems previously raised in the background of the                          
                invention.                                                                                     
                      In light of these findings, it is our view that Kikinis teaches the cited                
                limitations of representative claim 20.  It follows that the Examiner did not                  
                err in rejecting claim 20 as being anticipated by Kikinis.                                     
                      Appellants did not provide separate arguments with respect to the                        
                rejection of dependent claims 21, 23, 25, 26 and 28 as being anticipated by                    
                Kikinis.  Therefore, they fall together with representative claim 20.  See In                  
                re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).  See                       
                also 37 C.F.R. § 41.37(c)(1)(vii).                                                             

                                      B.     35 U.S.C. § 103(a) REJECTION                                      
                      Now, we turn to the rejection of claims 1 through 4, 6 through 10, 11                    
                through 13, 15 through 19, 22, 24 and 29 as being unpatentable over Kikinis                    
                in combination with Ha and/or Aguilar.  We note that Appellants merely                         
                reiterate the same arguments addressed above in the discussion of                              
                representative claim 20.  As discussed above, we find that Kikinis teaches                     
                the claimed file transfer mode and the playback mode.  Therefore, we do not                    
                find any deficiencies in Kikinis for Ha or Aguilar to cure. In light of these                  
                findings, it is our view that one of ordinary skill in the art would have found                
                it obvious to combine the teachings of Kikinis with Ha and/or Aguilar to                       
                yield the invention as claimed.   Therefore, it follows that the Examiner did                  
                not err in rejecting 1 through 4, 6 through 13, 15 through 19, 22, 24, 27 and                  
                29 as being unpatentable over the combination of Kikinis with Ha or                            
                Aguilar.                                                                                       



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