Ex parte GOTTLIEB et al. - Page 6




              Appeal No. 1998-1950                                                                                           
              Application No. 08/584,517                                                                                     

              with the reason for a call rejection, and the teaching that the information is to be used for                  
              determining which termination is next to be attempted.  The teachings are broader than the                     
              exemplary “no redirection” if “the called subscriber is busy.”  Since the teachings are                        
              viewed in light of Frey’s disclosure that a central network database may be used, we find                      
              that all the argued limitations of claim 18 are met by the reference.                                          
                                                                                   2                                         
                      Appellants also submit arguments in support of claim 26.   “[T]he components set                       
              forth with respect to each of the originating switch, terminating switch and network                           
              database are not disclosed in Frey.”  (Brief, page 12.)  Appellants add more words to this                     
              argument in the Reply Brief, at page 5.  However, the examiner has stated the position                         
              (Answer, page 4) that the components as recited in claim 26 are shown in Figure 1 of                           
              Frey, in view of the functions performed by the components.  We agree that, in view of the                     
              written description of Frey and the inferences the artisan would be expected to draw                           
              therefrom, the various components set forth in claim 26 are contained  in Frey’s Figure 1.                     
                      For example, the originating switch (ingress switch 1) must have an indicator of a                     
              first termination of a call -- because, as disclosed, ingress switch 1 must possess the                        
              information regarding which particular termination (such as PBX 30) is preferred for a                         
              particular call.  See Frey, column 4, lines 29-38.  Ingress switch 1 must also have a call                     
              router for selecting the terminating switch (egress switch 2) which is coupled to the                          


                      We acknowledge that, as appellants urge in the Reply Brief, the arguments in the Brief are2                                                                                                     
              directed to independent claim 26, rather than dependent claim 28.                                              
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