Ex parte GERTH et al. - Page 4




          Appeal No. 1998-2986                                                        
          Application No. 08/344,390                                                  


                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellants and the examiner.  As a consequence of our                    
          review, we will reverse the obviousness rejection of claims 1               
          through 20.                                                                 
               Claim 13, which appears to be the broadest claim,                      
          requires receiving plural registration notifications for a                  
          particular mobile user and determining from the times of                    
          creating the registration notifications whether cloning fraud               
          has occurred.  As admitted by the examiner (Answer, page 4),                
          Cooper does not disclose that registration notifications are                
          used to determine the existence of cloning fraud.  Cooper,                  
          rather, compares the time of a call's origination with the                  
          time of a previous call's origination.  The examiner,                       
          nonetheless, asserts (Answer, page 4) that "it is well known                
          in the art to utilize registration notifications for                        
          authentication and fraud purposes."                                         
               The examiner cites Teare as evidence to support his                    
          statement that registration notifications have been used for                
          authentication.  In particular, the examiner contends (Answer,              
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