Ex parte HAMLEY - Page 10




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

          includes a user command input device for requesting a voice-                
          mail transmission rather than a standard telephone mode                     
          transmission" (Brief at 12), as recited in claim 1.  Appellant              
          has not explained, and it is not apparent to us, why the                    
          claimed user command input device cannot be read onto card 1,               
          as argued by the examiner (Answer at 8), which implicitly                   
          treats the card and the transmitting telephone device as the                
          claimed transmitter.  Nor has appellant explained why the                   
          "selector means" of claims 5 and 14 and the step of                         
          "permitting a caller to select" in claim 24 are not satisfied               
          in the same way.                                                            
                                      REVERSED                                        

                    JOHN C. MARTIN            )                                       
                    Administrative Patent Judge )                                     
                                        )                                             
                                        )                                             
                                             )                                        
                    JERRY SMITH                 )  BOARD OF PATENT                    
                    Administrative Patent Judge )   APPEALS AND                       
                    )  INTERFERENCES                                                  
                    )                                                                 
          )                                                                           
                   LEE E. BARRETT           )                                        
                    Administrative Patent Judge )                                     

          JCM:tdl                                                                     


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