Ex Parte Frazier et al

Patent Trial and Appeal Board

Oct 10, 2012

10273436 (P.T.A.B. Oct. 10, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte PATRICIA A. FRAZIER and KENNETH ALGIENE
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Appeal 2011-003492
Application 10/273,436
Technology Center 3600
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Before: MURRIEL E. CRAWFORD, ANTON W. FETTING, and
MICHAEL W. KIM, Administrative Patent Judges.

PER CURIAM

DECISION ON APPEAL1

This is an appeal under 35 U.S.C. § 134 involving claims 1-27 and 30-
36. The Examiner has rejected claims 1-8, 10-20, 22-27 and 30-36 as
obvious under 35 U.S.C. § 103(a) over Guthrie (US 2002/0052841 A1, pub.
May 2, 2002) in view of Linden (US 6,360,254 B1, iss. Mar. 19, 2002) and
Official Notice; rejected claim 21 as obvious under 35 U.S.C. § 103(a) over

1 Our decision will make reference to the Appellants’ Appeal Brief (“App.
Br.,” filed April 13, 2009) and the Examiner’s Answer (“Ans.,” mailed
September 1, 2010).
Appeal 2011-003492
Application 10/273,436

2
Guthrie in view of Linden, Official Notice, and Uchikata (US 2001/0029492
A1, pub. Oct. 11, 2001); and rejected claim 9 as obvious under 35 U.S.C.
§ 103(a) over Guthrie in view of Linden, Official Notice, and Ferber (US
2001/0032193 A1, pub. Oct. 18, 2001). We have jurisdiction under 35
U.S.C. § 6(b).
We AFFIRM.

OPINION
We are unpersuaded the Examiner erred in rejecting claims 1-27 and
30-36 as obvious over various combinations of Guthrie, Linden, Uchikata,
Ferber, and Official Notice (App. Br. 4-9). After carefully considering all of
Appellants’ arguments, we agree with and adopt the Examiner’s findings of
fact and rationales in response to those arguments, as set forth on pages 19-
23 of the Examiner’s Answer. Specifically, the Examiner has satisfied
Appellants’ traversals of Official Notices (App. Br. 4, 6-8) by providing
references to support each finding of Official Notice (Ans. 21-23).
Additionally, in response to Appellants’ assertion that neither Guthrie nor
Linden discloses “transmitting directly over said wireless communications
network…” (App. Br. 5), the Examiner has set forth Official Notice,
supported by the Amin reference, as disclosing this aspect (Ans. 21).
AFFIRMED

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