Ex parte ALLEMAN - Page 13




          Appeal No. 96-2121                                                           
          Application 08/252,984                                                       

          and for searching a database of preassigned direct inward dial               
          numbers to ascertain the subscriber’s telephone number or other              
          personal information.  We cannot simply assume that they do.                 
               For the foregoing reasons, we do not sustain the rejection              
          of claims 18-27 under 35 U.S.C. § 103 as being unpatentable over             
          Kahn, Billinger, and Srinivasan.                                             
                                      Conclusion                                       
               The rejection of claims 18-27 under 35 U.S.C. § 112, second             
          paragraph, as being indefinite for failing to particularly point             
          out and specifically claim that subject matter which the                     
          appellant regards as his invention, is reversed.                             
               The rejection of claims 18 and 23 under 35 U.S.C. § 102(a)              
          as being anticipated by the IDT machine disclosed in the Business            
          Week articles is reversed.2                                                  



               The rejection of claims 18-27 under 35 U.S.C. § 103 as being            
          unpatentable over the IDT machine disclosed in the Business Week             
          articles is reversed.                                                        
               The rejection of claims 18-27 under 35 U.S.C. § 103 as being            
          unpatentable over Kahn, Billinger, and Srinivasan is reversed.               

           It should be noted, however, that this rejection should be stated as2                                                                       
          being under 35 U.S.C. § 102(b), not § 102(a).                                
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