Ex Parte Hejza Litwiller - Page 9

                   Appeal 2007-0919                                                                                               
                   Application 10/179,555                                                                                         

                   sound, the user is audibly informed that the audible feedback function is                                      
                   being disabled and the first mode of operation is selected.  The ordinarily                                    
                   skilled artisan would have thus appreciated that the absence of the                                            
                   background sound resulting from the user’s actions as the user transitions                                     
                   from one mode of operation to another is indicative of the user being audibly                                  
                   informed of the transition.  After considering the entire record before us, we                                 
                   find that the Examiner did not err in rejecting claim 4 under 35 U.S.C.                                        
                   § 103(a) as being unpatentable over the combination of Vanderheiden and                                        
                   Furuhata.  We also find that the Examiner did not err in rejecting dependent                                   
                   claim 5 under 35 U.S.C. § 103(a) as being unpatentable over the                                                
                   combination of Vanderheiden and Furuhata.3                                                                     









                                                                                                                                 
                   3 Appellants have not presented any substantive arguments directed                                             
                   separately to the patentability of the dependent claim.  In the absence of a                                   
                   separate argument with respect to the dependent claim, this claim stands or                                    
                   falls with the representative independent claim.  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).                                                                                            
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