Appeal No. 2004-0961
Application No. 09/785,863
subscriber directory number is correlated with the information
services selected by the subscriber in accordance with a
predetermined time, date or day of the week criterion, but does
not require that the predetermined criterion is selected by the
subscriber. Thus, the claim encompasses correlating a subscriber
directory number with Kung’s advertising plan in accordance with
a predetermined time criterion which is the timing of Kung’s
advertisements that are to be played a specified number of times
(col. 10, lines 28-30).
We therefore conclude that the invention claimed in the
appellants’ claim 1 would have been obvious to one of ordinary
skill in the art over the applied prior art. 1 Accordingly, we
affirm the rejection of that claim and claims 2-5, 8-16, 19-27
and 30-38 that stand or fall therewith.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
1 A discussion of McLeod is not necessary to our decision.
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