Appeal No. 1998-0291
Application 08/360,894
signaling while claims of the instant case recite receiving
in-band signaling. (Brief-page 3.)
While the Examiner’s response notes certain features
such as off-hook and telephone digits (answer-page 4) are
inherent to in-band signaling, we see none of these features
recited in the claims of Doshi. Even if these features were
recited in Doshi’s claims, the Examiner presented no evidence
that off-hook and telephone digits are only inherent to in-
band signaling. Without the identification of such features
in Doshi’s claims, and evidence that such is exclusive to in-
band signaling, we are unconvinced that Doshi’s claims include
in-band signaling as required by the instant claims. Thus,
aside from the fact that other references, such as Fuller, may
show the existence of in-band to out-of-band conversion as
commonly practiced, the Examiner’s rejection has not
established a prima facie case. Accordingly, we will not
sustain the obviousness-type double patenting rejection of
claims 1 through 17.
With respect to the art rejection of claims 1, 2, 7,
8, 10, 15 and 16, the Examiner reasons that Fuller discloses
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