Ex parte GAMMINO - Page 4




                Appeal No. 97-1200                                                                                                            
                Application No. 08/200,945                                                                                                    


                         Reference is made to the briefs and the answers for the                                                              
                respective positions of the appellant and the examiner.                                                                       
                                                                 OPINION                                                                      
                         In appellant’s co-pending Application 08/186,820 (Appeal                                                             
                No. 97-4150), the Board in a decision dated March 12, 1998                                                                    
                reversed the prior art rejections of the claims on appeal.  The                                                               
                prior art rejection of claims based upon the teachings of Bimonte                                                             
                and FCC Regulations was reversed because “Bimonte and the FCC                                                                 
                Regulations neither teach nor would they have suggested the                                                                   
                prevention of international calls based upon a determination of                                                               
                specific digits in a dialing sequence” (Decision, page 9).                                                                    
                Inasmuch as the claims presently before us are directed to the                                                                
                same international call prevention  based upon a determination of3                                                                    
                a third plurality of dialing signals in a dialing sequence, the                                                               
                obviousness rejection of claims 26 and 28 through 30 is reversed.                                                             
                         It is not necessary that we consider appellant’s evidence of                                                         
                secondary considerations because the examiner has not satisfied                                                               




                         3A terminal disclaimer (paper number 23) has been filed                                                              
                disclaiming the terminal part of the statutory term of any patent                                                             
                granted for the subject application that would extend beyond the                                                              
                termination date of any patent issuing from the related                                                                       
                application.                                                                                                                  
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