Ex parte GAMMINO - Page 4




                Appeal No. 97-4150                                                                                                            
                Application No. 08/186,820                                                                                                    


                TCI TEL Controlling, TC-1013SL Programmable Call Controller For                                                               
                Selective Call Control, 1990, pages 1 through 11.                                                                             
                FCC Regulations3                                                                                                              
                         Claim 42 stands rejected under the second paragraph of                                                               
                35 U.S.C. § 112  as being indefinite for failing to particularly4                                                                                                    
                point out and distinctly claim the subject matter which appellant                                                             
                regards as the invention.                                                                                                     
                         Claims 1 through 3, 15, 16, 18, 20, 24 through 26, 29                                                                
                through 32, 35 through 37, 39 through 41, 43 through 45, 47, 48,                                                              
                50, 51, 53, 54 and 56 through 58 stand rejected under 35 U.S.C.                                                               
                § 103 as being unpatentable over Bimonte in view of FCC                                                                       
                Regulations.                                                                                                                  
                         Claims 4, 5, 7, 9 through 11, 13, 27, 28, 33, 34, 38, 42,                                                            
                49, 52 and 55 stand rejected under 35 U.S.C. § 103 as being                                                                   
                unpatentable over Bimonte in view of FCC Regulations and Jackson.                                                             






                         3The prior art listing (Answer, page 4) does not list any                                                            
                regulations.  In the rejections, we assume that the examiner is                                                               
                alluding to FCC Regulations that prevent “the blockage of                                                                     
                interstate calls from public telephones when these calls are                                                                  
                placed using certain access codes” (specification, page 5).                                                                   
                         4The rejection of claims 30 through 34 under the first                                                               
                paragraph of 35 U.S.C. § 112 has been withdrawn by the examiner                                                               
                (Supplemental Answer, page 3).                                                                                                
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