Ex parte SANJAR AZAR et al. - Page 11




          Appeal No. 95-3681                                                          
          Application 07/956,705                                                      

          in column 1, lines 10-29.  Furthermore, Treat teaches in column             
          1, line 30 through column 2, lines 56, that it is the objective             
          of the Treat invention to improve upon these prior art devices to           
          provide a telephone system apparatus that monitors, meters and              
          selects the low-cost carrier and then automatically dials the               
          long distance call.  Therefore, in view of these specific reasons           
          of modifying Mincone as taught by Treat, we find that it would              
          have been obvious to those skilled in the art having the                    
          teachings of Treat before them to provide a method of auto-                 
          matically selecting a telecommunication carrier as recited                  
          in Appellants’ claim 17.                                                    
                    On page 13 of the brief, Appellants argue that their              
          invention isolates the telephone from the user’s telephone                  
          company, while maintaining a dial tone.  However, we note that              
          this limitation is not recited in Appellants’ claim 17.                     
          Therefore, the Examiner is not required to provide such a                   
          showing.                                                                    
                    On page 13 of the brief, Appellants argue with respect            
          to claim 16 that their invention detects incoming calls, so that            
          the dialing procedure can be interrupted.  We note that claim 16            
          recites a means for detecting an incoming call, wherein a dialed            
          telephone number can be interrupted during operator input dialing           
          of the number to answer an incoming call.  On page 19 of the                
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