Ex parte GAMMINO - Page 5




          Appeal No. 97-4150                                                          
          Application No. 08/186,820                                                  


               Claims 1 through 5, 7, 9 through 11, 13, 15, 16, 18, 20 and            
          24 through 58 stand rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Arbabzadah.                                               
               Claims 1 through 5, 7, 9 through 11, 13, 15, 16, 18, 20 and            
          24 through 58 stand rejected under 35 U.S.C. § 103 as being                 
          unpatentable over the TCI publication.                                      
               Reference is made to the briefs and the answers for the                
          respective positions of the appellant and the examiner.                     
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will reverse all of the rejections.                                  
               In the indefiniteness rejection, the examiner states                   
          (Answer, page 6) that:                                                      
                    Claim 42 is confusing because it is unclear under                 
               what condition(s) would the means prevent the apparatus                
               from transmitting at least a portion of the sequence.                  
               It appears that the means will always and                              
               unconditionally prevent the apparatus from transmitting                
               at least a portion of any dialing sequence.                            
          Claim 42 depends from claims 2 and 40.  Claim 2 has “means for              
          evaluating said third plurality of dialing signals in a location            
          in said dialing sequence used for international dialing by                  
          determining if said third plurality of dialing signals are used             
          to accomplish international dialing,” and “means for transmitting           
          said dialing sequence to said communications pathway if said                
                                          5                                           





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