Ex Parte JONES - Page 3




          Appeal No. 1999-0091                                                        
          Application No. 08/762,052                                                  


                                       OPINION                                        
               As a preliminary matter, we note that appellant indicates on           
          pages 3-4 of the Brief that the claims do not stand or fall                 
          together.  Appellant proposes four groups of claims: I) claims 1            
          through 5, 8 through 12, 21, and 22, II) claims 16 through 18,              
          III) claims 6, 7, 13, 14, 19, and 20, and IV) claim 15, and                 
          argues each group separately in accordance with 37 C.F.R.                   
          § 1.192(c)(7).  However, claims 21 and 22 include subject matter            
          argued for the second group of claims.  Therefore, we will treat            
          the claims substantially according to appellant's grouping, with            
          claims 21 and 22 included in group II, and with claims 1, 16, 6,            
          and 15 as representative of the four groups.                                
               We have carefully considered the claims, the applied prior             
          art references, and the respective positions articulated by                 
          appellant and the examiner.  As a consequence of our review, we             
          will affirm the obviousness rejection of claims 1 through 14, 19,           
          and 20 and reverse the obviousness rejection of claims 15 through           
          18, 21, and 22.                                                             
               Regarding the first group of claims, appellant asserts                 
          (Brief, page 5) that Ross "provides no teaching whereby specific            
          schedule status information is provided to the rider via a                  
          telephone call without the rider actually answering the telephone           
          call and listening to a voice message , as is clearly set out in            

                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007