Ex Parte Hejza Litwiller - Page 4

                   Appeal 2007-0919                                                                                               
                   Application 10/179,555                                                                                         

                          The Examiner contends that Vanderheiden teaches the claimed                                             
                   audible informing step by providing a background sound in the second mode                                      
                   of operation that becomes silent when the first mode of operation is                                           
                   subsequently selected (Answer 7).  According to the Examiner, by                                               
                   discontinuing the background sound as the user transitions from the second                                     
                   mode to the first mode of operation, Vanderheiden teaches audibly                                              
                   informing the user that the audible feedback function is being disabled (Id.).                                 
                   The Examiner therefore concludes that it would have been obvious to one of                                     
                   ordinary skill in the art to combine Vanderheiden with Furuhata to yield the                                   
                   claimed invention.                                                                                             
                          We affirm.                                                                                              


                                                            ISSUES                                                                
                          The pivotal issue on appeal before us is as follows:                                                    
                   (1)Under 35 U.S.C. § 103(a), would one of ordinary skill in the art, at the                                    
                   time of the present invention, have found that the Vanderheiden-Furuhata                                       
                   combination renders the claimed invention unpatentable when Vanderheiden                                       
                   teaches disabling the background sound as the user transitions from a second                                   
                   mode to a first mode of operation?                                                                             


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