Ex parte GAMMINO - Page 6




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


          evaluated third plurality of dialing signals are determined to              
          not be predetermined signals which are used to accomplish                   
          international dialing irrespective of said second plurality of              
          dialing signals.”  In claim 40, the “means for evaluating said              
          third plurality of dialing signals” identifies the first                    
          plurality of dialing signals and the second plurality of dialing            
          signals in order to identify the third plurality of dialing                 
          signals.  Claim 42 further comprises “means for preventing said             
          telecommunications apparatus from transmitting at least a portion           
          of said dialing sequence to said communications pathway.”  None             
          of the “means” in claims 2, 40 or 42 “will always and                       
          unconditionally prevent the apparatus from transmitting at least            
          a portion of any dialing sequence” (Answer, page 6).  If the                
          dialing sequence in claim 2 is “not” for international dialing,             
          then the telecommunications apparatus will transmit the dialing             
          sequence to the communications pathway.  On the other hand, if              
          the dialing sequence is for international dialing, then the                 
          “means” in claim 42 will certainly stop the transmission of the             
          dialing sequence to the communications pathway.  The                        
          indefiniteness rejection is reversed because there is nothing               
          indefinite about claim 42.                                                  
               Bimonte discloses a telephone interexchange call routing               

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