Appeall No. 1998-1398 Page 17
Application No. 08/400,637
III. Utility Rejection of Claims 27-30
The examiner makes the following allegation.
[T]he method and the cellular telephone is incapable
of either automatically generates [sic] a three way
call from a call to or from the cellular system and
also a call to or from the cordless system AND ALSO
the method and the cellular cordless telephone
terminates the three way call when the cordless
telephone is located in the cordless telephone
system or in the cellular system.
(Examiner's Answer at 7.) The appellants make the following
argument.
[T]he step of automatically generating a three way
call as claim [sic] by claims 27 and 39 and the step
of automatically terminating a path of the three way
call as claim [sic] by claims 28 and 30 are
operative and have utility. These steps are
operative and have utility as supported in the FIGs.
7-1, 7-2 and 6-2 described ... hereinabove and as
supported in the specification, for example, at page
14, line 23 - page 18, line 2 described ...
hereinabove. In response to the examiner's
statements, the applicants further note that the
claimed steps of "automatically terminating a path
of the three way call" in claim 28 are further steps
of the claimed method in claim 27 and do not negate
the claimed step of "automatically generating a
three way call" in claim 27.
(Appeal Br. at 12-13.)
As mentioned regarding the enablement rejection, we are
not persuaded that the specification would not enable one
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