Appeal 2007-0338
Application 09/870,223
these claims merely describes the content of the data stored in the voice
prompt database. Because this data content does not further limit the
claimed invention either functionally or structurally, it essentially constitutes
non-functional descriptive material. Such non-functional descriptive
material, however, does not patentably distinguish over prior art that
otherwise renders the claims unpatentable. See In re Ngai, 367 F.3d 1336,
1339, 70 USPQ2d 1862, 1864 (Fed. Cir. 2004).
Nevertheless, Osder expressly states that voice prompts could be
spoken by a man or a woman (Osder, col. 28, ll. 56-58). This teaching
strongly suggests that the voice prompts can be tailored to suit particular
needs and preferences. Furthermore, Appellant’s specification states that it
is known in the art for programmers to tailor the vocal, dialect, or linguistic
characteristics of voice prompts in interactive voice response systems
(Specification 2:3-11). These teachings, in our view, amply support the
Examiner’s position that it would have been obvious to the skilled artisan to
tailor Osder’s voice prompts in the manner recited in claims 3-8 and 11-16
for users with different preferences and purposes. The Examiner’s rejection
of claims 3-8 and 11-16 is therefore sustained.
DECISION
We have sustained the Examiner's rejections with respect to all claims
on appeal. Therefore, the decision of the Examiner rejecting claims 1-16 is
affirmed.
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