Ex Parte Bendixen et al - Page 5


               Appeal 2007-1780                                                                            
               Application 10/340,127                                                                      

                      Grasso and Doss cannot make obvious Claim 1 because no                               
                      motivation exists to combine Grasso and Doss. For example, no                        
                      motivation exists to combine Grasso and Doss to achieve                              
                      earphone couplers to selectively couple or release earphones                         
                      from a cord integrated with an information handling system.                          
                      The motorcycle helmet of Doss is from an art not sufficiently                        
                      related to the earphones used for information handling systems                       
                      to inherently suggest a combination. Further, the connector of                       
                      Doss lacks any of the advantages provided by Applicants’                             
                      invention, such as is set forth in Applicants’ disclosure at                         
                      7:3-10.                                                                              
               (Br. 3).                                                                                    
                      The Examiner disagrees. The Examiner contends that an artisan would                  
               have been motivated to modify Grasso with the teachings of Doss in order to                 
               facilitate easy replacement of earphones. The Examiner finds the combined                   
               teachings of Grasso and Doss would have allowed users to replace broken                     
               earphones, to use earphones customized to their preference, and to use                      
               earphones suitable for the nature of the audio being played (Br. 7). The                    
               Examiner also finds the quick connect/disconnect feature taught by Doss                     
               (connector 50, Fig. 1) would have been advantageous when there arises a                     
               need to move away from the player (e.g., to answer the phone or the door),                  
               or for sanitary reasons when there are multiple users (Br. 7-8).                            
                      After carefully considering all of the evidence before us, we are not                
               persuaded by Appellants’ arguments that there is no motivation to combine                   
               Grasso and Doss because “[t]he motorcycle helmet of Doss is from an art                     
               not sufficiently related to the earphones used for information handling                     
               systems to inherently suggest a combination.” (See Br. 3).                                  
                      We note that in KSR, the Supreme Court recently stated:                              

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