Ex parte ALLEMAN - Page 12




          Appeal No. 96-2121                                                           
          Application 08/252,984                                                       

          Kahn, Billinger and Srinivasan.                                              
               Kahn discloses a call back system wherein the caller has to             
          manually enter a security code for identification.  Billinger                
          discloses the use of ANI, automatic information on the number of             
          the calling party, not DID, information on the number called, to             
          ascertain the identity of a calling subscriber on a resell                   
          telephone communications system.  Srinivasan, as described above,            
          does not teach look up of any preassigned list of direct inward              
          dial numbers to ascertain the identity or call back number of the            
          calling party.  The combination of these references do not                   
          reasonably suggest the appellant’s claimed invention.                        
               In footnote 3 in the answer, the examiner makes further                 
          reference to other items of prior art.  It should be noted,                  
          however, that these references were not positively stated or                 





          otherwise included in the rejection and thus cannot be properly              
          relied on to show a missing feature.  In re Hoch.  428 F.2d 1341,            
          1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).  In any event, the              
          examiner has not asserted that any of these items of prior art               
          discloses using the direct inward dial number provided by the                
          telephone network or exchange to identify a calling subscriber               
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