Ex parte GAMMINO - Page 8



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


               invention, for example, will prevent a call dialed with                
               the following sequence: 1 800 950 1XXX 01.  The digits                 
               01 of course mean that the call is an international                    
               one.  Bimonte will allow this call to go through                       
               because it does not prevent a call based on its                        
               determination that the call is international.                          
               Appellant’s claimed invention will also prevent the                    
               call dialed with the following sequences: 950-1XXX-01                  
               and 10XXX-01.  By contrast, Bimonte will allow                         
               950-1XXX-01 calls if the carrier accepts 950-XXXX calls                
               (see Bimonte, col. 24 line 17).  Bimonte will also                     
               allow 10XXX-01 calls if the carrier accepts 10XXX calls                
               and the dialing is not originating from a terminal from                
               which any dialing or 10XXX dialing is prohibited. . . .                
          Appellant summarizes his arguments concerning Bimonte by stating            
          (Brief, page 13) that “[a]lthough Bimonte discloses the                     
          determination as to whether a call is an international call, no             
          prevention of the call is disclosed in Bimonte on the basis of              
          that determination, i.e. the call being an international call.”             
          With respect to the FCC Regulations, appellant argues (Brief,               
          page 15) that:                                                              
                    FCC Rules 47 C.F.R. 64.704 and 64.706 state that                  
               (certain types of) access to interstate carriers cannot                
               be blocked.  By contrast, Appellant’s claimed invention                
               relates to the blocking of certain calls when                          
               international dialing digits are detected in a certain                 
               location in the dialing sequence.  Specifically,                       
               Appellant evaluates a third plurality of dialing digits                
               in the dialing sequence.  Appellant’s evaluation of the                
               third plurality of dialing digits is completely                        
               unrelated to Title 47 of the FCC Regulations.                          
                    Again, the FCC Regulations state that blocking                    
               certain calls is prohibited.  Compare this to                          
               Appellant’s claimed invention which legally blocks                     
               certain calls without violating the FCC Regulations.                   
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