Ex parte HAMLEY - Page 5




          Appeal No. 1997-3822                                                        
          Application No. 08/406,668                                                  

          lines 17-21.)  Nagata does not explain how the transmitting                 
          and receiving apparatus 3 determines that a message is being                
          or has been transmitted or received.                                        
               The information stored in memory 22 of card 1 for                      
          transmission to card 1' includes: (a) the calling party's                   
          "registered number," which may be his telephone number (col.                
          7, lines 65-67); (b) the telephone number of the other party                
          (col. 8, line 11); and (c) the message (col. 8, line 14).  The              
          information can be transmitted in digital form (Fig. 3; col.                
          6, lines 17-21) or analog form (Fig. 5; col. 6, lines 21-30).               
               In order to transmit the message previously recorded on                
          card 1, the operator inserts the card into slot 31 of the                   
          transmitting telephone device, which in a first embodiment                  
          transmits the message from memory 22 of the card to memory 41               
          (Fig. 4) in exchanger 4, where it is held until the intended                
          recipient inserts his card 1' into slot 31 of the receiving                 
          telephone device, at which time the message is forwarded from               
          memory 41 in exchanger 4 to the memory 22 of card 1' (col. 7,               
          lines 4-16 and 22-31).  Nagata also describes a second                      
          embodiment, on which the examiner relies, wherein "[i]nstead                
          of the exchanger 4, a telephone 3 or 3' of the one's own                    

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