Ex parte OBERLANDER - Page 6




          Appeal No. 95-0340                                                          
          Application 07/771,685                                                      







          If the dealer's telephone number is busy or does not answer, the            
          system can attempt to call another nearby dealer if one exists.             
               We note that the Examiner argues that the user is an                   
          advertised product or service and the information profile of the            
          user preferences is the database of dealers which can provide the           
          advertised product or service.  See the answer pages 3 and 4.               
          However, Appellants' claim 1 recites "transmitting from the                 
          communication device via the communication link a temporary over-           
          ride instruction to the communication system to temporarily over-           
          ride the at least one element in the information profile without            
          removing the at least one element from the communication system,            
          such that the temporary over-ride instruction can later be                  
          automatically replaced by the at least one element."  We note               
          Appellants' remaining claims recite similar limitations.                    
          However, we fail to find that Riskin's teaching of a telephone              
          system that can attempt to call another nearby dealer, if the               
          first called dealer's telephone number is busy or does not                  
          answer, teaches a temporary over-ride instruction to temporarily            
          over-ride at least one element, the first dealer, in the                    

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