Ex parte AYALA et al. - Page 5




          Appeal No. 1997-4348                                       Page 5           
          Application No. 08/088,708                                                  


          ACD while appellants contend that there is no such suggestion               
          in Brennan.  To buttress his position, the examiner cites page              
          106 of Newton’s Telecom Dictionary by Harry Newton, published               
          by Flatiron Publishing, Inc., 1994.  This portion of the                    
          dictionary describes ACD as performing four functions: 1.                   
          Recognizing and answering an incoming call, 2. Looking in a                 
          database for instructions on what to do with the call, 3. As                
          per the instructions, sending the call to a recording or voice              
          response unit and 4. Sending the call to an agent as soon as                
          that operator has completed his/her previous call and/or the                
          caller has heard the canned message.  Newton then describes ACD             
          as performing a management function providing information and               
          that this information is of three sorts: 1. Arrival of incoming             
          calls; 2. Information on abandoned calls “And” 3. Information               
          on the origination of the call.                                             
               The examiner contends that since this “third type of                   
          information (information on the origination of the call) is met             
          via the caller line identification as disclosed by Brennan”                 
          [principal answer-page 9], Brennan does disclose ACD because                
          the definition of ACD in Newton is written “in alternative                  
          form” [principal answer-page 9].  We disagree and point out, as             







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