Ex Parte Tanaka et al - Page 2



          Appeal No. 2005-2657                                       Page 2           
          Application No. 09/898,497                                                  
          BACKGROUND                                                                  
               The appellants’ invention relates to a method and apparatus            
          for location-sensitive subsidized cell-phone billing                        
          (specification, page 1).                                                    
          Claim 1 is representative of the invention, and is reproduced as            
          follows:                                                                    
               1.  A method for determining a billing rate of a mobile                
               telecommunications connections associated with a mobile                
               telecommunications unit (MU), comprising the steps of:                 
                    determining whether a location of the MU is inside                
               or outside a predetermined subsidized zone;                            
                    responsive to a determination that the location of                
               the MU is inside the subsidized zone, adjusting the                    
               billing rate for the telecommunications connection to a                
               first predetermined billing rate; and                                  
                    responsive to a determination that the MU is                      
               outside the predetermined subsidized zone, adjusting                   
               the billing rate for the telecommunications connection                 
               to a second predetermined billing rate.                                
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
               Owensby        2002/0077130        Jun. 20, 2002                       
                                        (filed Dec. 10, 1998)                         
               Jones          6,411,891           Jun. 25, 2002                       
                                        (filed Apr. 26, 2000)                         
               Claims  1, 2, 4, 6-13, 15, 17-24, 26 and 28-33 stand                   
          rejected under 35 U.S.C. § 102(e) as being anticipated by                   
          Owensby.                                                                    





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