Ex parte SANJAR AZAR et al. - Page 5




                Appeal No. 95-3681                                                                                                            
                Application 07/956,705                                                                                                        

                Appellants’ filing.   The Examiner’s argument directed to the                                                                 
                task of gathering and dissemination is not persuasive because                                                                 
                Appellants’ claim 5 is not limited to any structure for gathering                                                             
                or disseminating.   The Appellants’ claim is directed to a memory2                                                                                                
                system for updating, storing and deleting information in a                                                                    
                memory.  In view of the scope of Appellants’ claim 5, we find                                                                 
                that one of ordinary skill in art would have been able to provide                                                             
                a updating means for updating, storing and deleting information                                                               
                in a memory at the time of Appellants’ filing.                                                                                
                                 Similarly, we note that Appellants’ claim 9 recites                                                          
                “wherein said digit capture buffer board monitors when the                                                                    
                telephone handset is functionally off the hook or disconnected                                                                
                from the dialing means.”   The Examiner argues that Appellants’3                                                                                     
                disclosure is inadequate because the off-hook detection is shown                                                              
                to be a separate element from the dial capture buffer board.                                                                  
                However, we note that Appellants are free to set claim elements                                                               
                that include many of Appellants’ disclosed elements.                                                                          
                                 Finally, the Examiner argues that claims 36 through 38                                                       
                recited hardware that is not shown in the drawing or the dis-                                                                 


                         2The specification does not provide significantly more                                                               
                structure than the claim. (Page 11)                                                                                           
                         3As a side issue, we note that “the telephone handset” does                                                          
                not appear to have a proper antecedent basis.                                                                                 
                                                                      5                                                                       





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