Appeal No. 1997-0402
Application 07/843,685
the actuation signal for placing a second call over
a telephone channel through a switched telephone
network in the portable apparatus of [Miska], since
it has been held that broadly providing a mechanical
or automatic means to replace manual activity which
has accomplished the same result involves only
routine skill in the art. In re Venner, 120 USPQ
192. [Answer-page 8.]
Appellants argue that the playing of an announcement
in Miska is not an alerting indication as that term is
recognized in the art and used in Appellants’ specification.
(Reply brief-page 3.)
The Examiner responds that he is giving the claim
language its broadest reasonable interpretation and Appellants
may not impute limitations in the specification to the claims.
(Supplemental Answer-page 5.)
We agree with Appellants. The Examiner’s broad
interpretation should not go beyond that which is ordinarily
understood in the art. Miska’s recorded message is quite
different than the typical ringing alert given by a telephone.
Even if the Examiner’s interpretation were acceptable,
Appellants’ reliance on their specification, for the type of
alert claimed, is justified by their “means for” claiming
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