Ex Parte SMITH et al - Page 5



          Appeal No. 2002-1327                                                        
          Application 09/218,247                                                      

          reciting that the identification of a subscriber is received in             
          response to a call attempt.  A preferred connection is then                 
          determined based on predetermined data associated with the                  
          subscriber.  We can find no disclosure in Sato which would                  
          indicate that the identity of the subscriber is received.  We               
          agree with appellants that there is no predetermined data                   
          associated with the subscriber in Sato.  The examiner’s finding             
          that the type of service requested in Sato constitutes                      
          predetermined data associated with the subscriber is                        
          unreasonable.  We also agree with appellants that Sato does not             
          disclose connecting a wireless handset to a wireline switch based           
          on a preferred connection which has been determined from                    
          predetermined data associated with the subscriber as claimed.               
          Since independent claim 7 has recitations similar to the                    
          recitations of claim 1 considered above, we also do not sustain             
          the examiner’s rejection of independent claim 7.  Since we have             
          not sustained the examiner’s rejection of either of the                     
          independent claims, we do not sustain the examiner’s rejection of           
          any of the dependent claims.  The rejection of claims 3 and 9               
          under 35 U.S.C. § 103 also fails because the rejection is based             
          on the same erroneous findings discussed above with respect to              
          claim 1.                                                                    
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