Ex parte BARBER et al. - Page 7




                     Appeal No. 1998-1181                                                                                                                                              
                     Application No. 08/442,883                                                                                                                                        

                     the memory of a portable telephone by a service technician".                                                                                                      
                     Appellants contend that there is a distinction between home                                                                                                       
                     and good SIDs and Blair recognizes the distinction between                                                                                                        
                     home SIDs and other classes of SIDs.                                                                                                                              
                                Finally, in the Reply Brief  Appellants note the          8                                                                                            
                     applicability of 35 U.S.C. § 112, sixth paragraph, to at least                                                                                                    
                     claims 55-57, and to claims 46-49 if the last element of claim                                                                                                    
                     46 invokes this section of the statute.                                                                                                                           
                                The Examiner contends  that the abstract and figures 4-59                                                                                                         
                     of Blair teach the selection process for the determination                                                                                                        
                     whether the selected SID is matched with one of the home SIDs.                                                                                                    
                     In addition the Examiner asserts that a home SID and one or                                                                                                       
                     more good SIDs are considered as a plurality of home SIDs                                                                                                         
                     since these SIDs have been stored in the memory 16 of the                                                                                                         
                     portable telephone by a service technician.                                                                                                                       
                                We find that in claims 55-57 all of the elements of the                                                                                                
                     claimed apparatus are written in means-plus-function language.                                                                                                    
                     The claim subparagraphs all recite means for performing a                                                                                                         
                     specified function without the recital of structure to perform                                                                                                    

                                8  Page 6.                                                                                                                                             
                                9 Answer, page 11.                                                                                                                                     
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