Ex Parte NORCOTT et al - Page 14




          Appeal No. 1998-2870                                                        
          Application 08/429,954                                                      

          receive programming data from the information retrieving device             
          (the magnetic card reader) or from a cable connector as claimed.            

          Method claims 26-31                                                         
               The method claims do not recite that the CPU enables the               
          programming of the memory.  For the reasons discussed in                    
          connection with the independent apparatus claims, we conclude               
          that it would have been obvious in view of Snyder to make the               
          amenities service device of Biggs as a separate external device,            
          connected between the standard telephone (response device) and              
          the external apparatus.  Also, for the reasons discussed in                 
          connection with the independent apparatus claims, we find that              
          Biggs discloses that the telephone (response device) can transmit           
          signals while the telephone/amenities service device system is              
          enabled and conclude that it would have been obvious for one of             
          ordinary skill in the art to preserve this functionality in                 
          making the amenities service device as a separate, externally               
          connected device; i.e., the only modification proposed is making            
          the device in Biggs as a separate, externally connected device as           
          shown in Snyder, not incorporating the circuitry of Snyder.                 
          Still further, for the reasons discussed in connection with the             
          independent apparatus claims, we find that in the "stand-by" or             
          "sleep" mode, the micro controller 52 of Snyder, corresponding to           
          the claimed CPU, is enabled and the telephone is active to                  

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