Ex parte HAMLEY - Page 6




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

          residence may be used to store the content of a message.  A                 
          memory device of a transmitting and receiving apparatus 3 or                
          3' provided for that purpose is indicated as a memory 35 or                 
          35'."  (Col. 7, lines 37-41.)  Appellant does not dispute the               
          examiner's position that this passage calls for transmitting                
          the message from the transmitting telephone device to the                   
          memory 35 in the receiving telephone device (Answer at 4).  We              
          note that in describing such an arrangement, Nagata further                 
          specifies that "[i]n this case, if a transmitting and                       
          receiving apparatus provided with a handset 32 is used, it is               
          made possible to confirm only the message by taking up the                  
          handset" (col. 7, lines 41-44).  However, Nagata does not                   
          disclose any details about the circuitry which controls either              
          recording of the message in memory 35 of the receiving                      
          telephone device or playback of the recorded message through                
          the handset.                                                                
               Turning now to the claims, we note that appellant and the              
          examiner specifically argue the limitations of only claim 1,                
          which is narrower than the other independent claims, i.e.,                  





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