Appeal 2007-1468
Application 09/912,784
combined the combination does not teach or suggest that the radio module
scans while the computer system is powered off.
The Examiner asserts that the rejection is proper. The Examiner
asserts that contrary to Appellants’ arguments, AARA does not require the
computer be continuously connected to the network. Further, the Examiner
applies a dictionary definition of the term “off” and equates it with a
computer’s sleep or hibernate mode. Answer 18.
Thus, the Appellants’ contentions present us with two issues: first
whether the combination of AARA and Ishigaki would defeat their
respective purposes; and second, whether the combination of AARA and
Ishigaki teaches or suggests that the radio module scans while the computer
system is powered off as claimed.
While we note that Appellants’ contentions directed to the second
issue groups together claims 17, 21, 24, 26 through 30, 32, 36, 37, 40, 44,
45, 47, 49, 50, and 53 through 55 (Brief, p. 16), we do not so group the
claims. The limitation argued by Appellants, that the radio module scans
while the computer is powered off, is not present in independent claims 32,
36, and 40. Thus, we will consider the claims in two groups: group 1,
consisting of claims 17, 21, 24, 26 through 30, 45, 47, 49, 50, and 53
through 55 and we select independent claim 17 as representative of this
group, both issues apply to this group; and group 2, consisting of claims 32,
36, 37, 40, and 44 and we select independent claim 40 as representative of
this group, only the first issue applies to this group. Additionally, we note
that Appellants have presented separate arguments directed to the group of
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