Ex Parte Bloomberg et al - Page 7



                Appeal No. 2007-0151                                                                          
                Application No. 10/081,132                                                                    

                claims over Trandal and Patel in combination with Olshansky, as discussed                     
                above, we find the Examiner’s reasoning for the combination to be                             
                convincing.  We therefore sustain the 35 U.S.C. § 103 rejection of claims 1                   
                and 3, as well as claims 4-8, argued (Br. 11) as falling with their base claims.              
                      Regarding claim 2, Appellants assert that the combination of the                        
                references fails to teach or suggest the enabling voice communication to and                  
                from each terminal for which a sensed finger-image was authenticated (Br.                     
                11).  We agree with the Examiner (Answer 13-14) that the claim does not                       
                require that the users at both sides of a voice communication must be                         
                authenticated and instead, recites that voice communication be enabled for                    
                any terminal for which a sensed finger-image is authenticated (Answer 14).                    
                In that regard, the combination of Olshansky, Trandal, and Patel does                         
                suggest the recited enabling means since the voice communication and the                      
                network-related function may be performed even if only one terminal is                        
                authenticated.  Accordingly, we sustain the 35 U.S.C. § 103 rejection of                      
                claim 2.                                                                                      
                      Regarding claim 9, Appellants assert that adding Chang to the                           
                combination does not provide for the features related to enabling one                         
                authenticated terminal to participate in voice communication over the                         
                network with another terminal that also has been authenticated (Br. 10).  In                  
                response, the Examiner points out that the arguments made above with                          
                respect to claims 1 and 3 are not quite relevant to claim 9 since claim 9 does                
                not require both voice communication and network-related function to be                       

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