Ex parte HOLLATZ et al. - Page 9




          Appeal No. 1997-3181                                                        
          Application No. 08/304,345                                                  

          limitation of "skill group" reads on Kohler's agent groups 230              
          and 240.  Kohler teaches in col. 3, line 57, through col. 4,                
          line 25, and Fig. 1 that callers are routed to two different                
          splits depending on the number dialed.  Kohler further shows                
          in col. 4, lines 63 through 68, and Fig. 2 that the agent                   
          group connected to split member 1  contains agents with                     
          different skills.  Therefore, a split is not limited to a                   
          particular skill.  Further, another search is needed to find                
          the agent with the skill that matches the caller's need.  Each              
          call also has other information related to needed skills                    
          associated with it that determines which agent with a specific              
          skill within each group receives the call.  With respect to                 
          the presence of available and unavailable agents in the group,              
          we find that Kohler in col. 7, lines 56 through 58, teaches                 
          that agent skills stored in memory are cleared when an agent                
          becomes unavailable.  Therefore, we find that the pool of                   
          agents to be searched in memory for a matching skill contains               
          only available agents.                                                      
               As our reviewing court stated in In re Dembiczak, 175                  
          F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999),                       
          combining prior art references without evidence of such a                   

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