Appeall No. 1998-1398 Page 28
Application No. 08/400,637
Third, the appellants make the following argument.
Further, the preferred embodiment of the
priority document does not teach or suggest the
steps of: "automatically terminating a path of the
three way call between the telephone device having
the telephone number and the cellular cordless
telephone having the cellular telephone number when
the cellular cordless telephone is located in the
cordless telephone system; and automatically
terminating a path of the three way call between he
telephone device having the telephone phone number
and the telephone landline having the landline
telephone number when the cellular cordless
telephone is located in the cellular telephone
system," as claimed in claim 28 ...."
(Appeal Br. at 15). Claim 28 specifies in pertinent part the
following limitations:
automatically terminating a path of the three
way call between the telephone device having the
telephone number and the cellular cordless telephone
having the cellular telephone number when the
cellular cordless telephone is located in the
cordless telephone system; and
automatically terminating a path of the three
way call between the telephone device having the
telephone phone number and the telephone landline
having the landline telephone number when the
cellular cordless telephone is located in the
cellular telephone system.
The examiner fails to show a suggestion of the
limitations in the prior art of record. “Obviousness may not
be established using hindsight or in view of the teachings or
suggestions of the inventor.” Para-Ordnance Mfg. v. SGS
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