Ex parte MOONEY et al. - Page 13

          Appeal No. 95-0057                                                          
          Application 07/775,114                                                      

          responds that any card which is regularly used by a subscriber is           
          maintained by that subscriber so that the card is a “maintenance            
          card” [answer, page 23].  The examiner also defines system                  
          function as any function to do with the telephone such as dialing           
          a number.  Appellants respond that the examiner’s definitions are           
          improper because they are inconsistent with the definitions                 
          presented in their specification [reply brief, page 12].  We                
          It is clear from the specification that a maintenance                       
          card is not a card which is maintained by a subscriber but is a             
          card which maintains the phone system.  Thus, the examiner has              
          interpreted language of claim 5 in a manner which is clearly                
          inconsistent with the disclosed invention.  Such interpretation             
          is improper.  Since the examiner has failed to address the                  
          question of why it would have been obvious to use a maintenance             
          card as recited in claim 5, we do not sustain any of the                    
          alternative rejections of claim 5 as presented by the examiner.             
                        II. The rejection of claims 6-11 based                       
                         upon D’Avello in view of Fuwa.                               
          With respect to claim 6, appellants argue that there is                     
          no basis for combining the teachings of D’Avello with Fuwa.  We             
          considered this argument with respect to the rejection of claim             


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