Appeal 2007-2343
Application 09/928,856
art at the time of the invention have found it obvious to combine
Puskala and Martin to render the claimed invention unpatentable?
(2) Under 35 U.S.C § 103(a), with respect to appealed claims 9-12,
25-28, and 38-40, would the ordinarily skilled artisan have found it
obvious to modify the combination of Puskala and Martin with
Graham to render the claimed invention unpatentable?
FINDINGS OF FACT
The following findings of fact (FF) are relevant to the issues involved
in the appeal and are believed to be supported by a preponderance of the
evidence.
1. Puskala relates to a system and method of communicating
between players of games played over a wireless network (col. 1, ll. 7-9).
2. Puskala teaches that predefined messages are sent to at least one
of a plurality of preselected destination addresses during the game (col. 2, ll.
11-22).
3. Each predefined message may be defined to comprise at least
one of voice, text, sound, an image, a picture, a brief video, and a
multimedia message, and may be stored at the first mobile terminal or at a
network-based message database accessible to the first mobile terminal (col.
3, ll. 25-29).
4. Puskala allows a player to modify a predefined message or use
only the stored predefined messages (col. 7, ll. 16-31).
5. Martin is directed to an apparatus for obtaining information
from a user, parsing the input to determine a keyword, determining a
4
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