Appeal 2007-0919
Application 10/179,555
CONCLUSION OF LAW
On the record before us, one of ordinary skill in the art, at the time of
the present invention, would have found that the Vanderheiden-Furuhata
combination renders the claimed invention unpatentable under 35 U.S.C.
§ 103(a) when Vanderheiden teaches disabling the background sound as the
user transitions from a second mode to a first mode of operation.
DECISION
We have affirmed the Examiner’s decision to reject claims 4 and 5
under 35 U.S.C. § 103(a).
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED
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BASCH & NICKERSON, L.L.P.
1777 PENFIELD ROAD
PENFIELD, NY 14526
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