Ex Parte GERBER et al - Page 4



          Appeal No. 2002-1986                                                        
          Application No. 09/283,167                                                  
          routing parameters with a routing table for identifying the                 
          location of a wireless telephone user (answer, page 4).  The                
          examiner then concludes that the combination would have been                
          obvious since locating roaming subscribers based on the routing             
          table with routing call parameters is desired (id.).                        
               Appellants, although acknowledging that Kallioniemi relates            
          to both wireline and wireless networks (reply brief, page 2),               
          argue that the relied on section in Kallioniemi relates to                  
          network routing prefix (NRP) and simply identifies the local                
          exchange that has been determined to serve the subscriber’s                 
          telephone (reply brief, page 3).  In particular, Appellants                 
          assert that identifying the local exchange serving a subscriber             
          in Kallioniemi is different from the claimed use of the                     
          subscriber’s location to generate a list of location parameters             
          (reply brief, page 3).  Appellants further argue that LaDue                 
          merely uses GPS data to locate a subscriber telephone, but fails            
          to teach or suggest the use of a number of subscriber location              
          parameters which define different aspects of the physical                   
          location of the subscriber’s telephone (reply brief, page 4).               
               In rejecting claims under 35 U.S.C. § 103, the Examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d             

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