Appeal No. 1998-2936
Application No. 08/665,590
on the claimed invention. Gerson further teaches that the input from the user of the
wireless telephone may be an audio voice command or manual input to initiate a call to an
identified party and number. With this input the system would initiate the call in accordance
with signaling exchanged within the cell between the wireless unit and the base station.
Gerson does not disclose whether any signal is transmitted prior to entry of the phone
number, but with the breadth of the language of claim 16, in our view no separate user
input is required.
Appellants argue that Burke does not teach or suggest the use of audio signals.
(See brief at pages 3-4.) We agree with appellants, but the examiner admits that this is
not taught and relies upon Gerson for this teaching. Appellants argue that Gerson does not
disclose a two step method. (See brief at page 4.) We disagree with appellants as
discussed above. Appellants do not dispute combination of Burke and Gerson, but
maintain that the combination would not achieve the claimed invention. (See brief at page
4.) We disagree with appellants, as discussed above. Therefore, these arguments are
not persuasive.
Appellants argue that the initiation of the call is in accordance with signaling
information. (See brief at page 5.) We agree with appellants, but note the breadth of the
limitation concerning “signaling information,” as discussed above. Appellants further
elaborate upon the actuation of the button and exchange of information at that
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