Ex parte SMITH - Page 9




          Appeal No. 1997-3276                                       Page 9           
          Application No. 08/478,567                                                  


               Regarding the obviousness of claims 40-50, the                         
          appellant’s argument follows.                                               
               [S]ince none of the applied references discloses or                    
               suggests the presently claimed invention including                     
               the control menu to input criteria data insufficient                   
               to obtain a unique telephone number based on the                       
               criteria number and sufficient to obtain a plurality                   
               of criteria telephone numbers based on the criteria                    
               data and communication data for retrieving the                         
               criteria telephone numbers for the display via the                     
               telephone line, the combination of these applied                       
               references do not disclose or suggest the presently                    
               claimed invention.  (Appeal Br. at 7.)                                 
          The examiner replies, “The electronic phone book is disclosed               
          by both Noto or Sato.”  (Examiner’s Answer at 16.)  He adds,                
          “Iggulden does disclose retrieving and storing a telephone                  
          number from a telephone line and it is extremely important                  
          since the resulting combination would disclose or suggest the               
          claimed invention to one of ordinary skill in the art.”  (Id.)              
          The examiner also adds the following assertion.                             
               Walsh is relied upon to show that it is well known                     
               to dial into an electronic directory service and                       
               retrieve a wanted telephone number and to also store                   
               and display the thus retrieved telephone number at                     
               the subscriber station for future use such that the                    
               correct updated telephone number for addressing a                      
               call is obtained for use[d] by the user.  (Id. at                      
               19.)                                                                   









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