Appeal No. 96-3618
Application 08/004,598
Appellant, in this situation, a cursory review shows that the
Examiner mistakenly applied the principle in Schneller.
Patent 5,623,531 (the '531 patent) is said to be a
continuation-in-part of Application 181,833, filed
January 8, 1994, which is said to be a continuation of the
instant application. The '531 patent discloses the subject
matter covered by the claims of this application. However,
the Examiner errs in stating that the "the patent and the
application are claiming common subject matter" (2dSEA60).
The claims of the '531 patent are directed to a telephone and
auxiliary power distribution system, not to the features of a
cordless or cellular cordless telephone. Because the subject
matter of the present claims do not fall within the claims of
the '531 patent and because the Examiner has not otherwise
established that the subject matter of the present claims
would have been obvious over the claims of the '531 patent,
the rejection of claims 1, 5, 7, 9, 15, 27, 28, 30, 43-47, 58,
and 65-77 is reversed.
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