Ex Parte JONES - Page 8




          Appeal No. 1999-0091                                                        
          Application No. 08/762,052                                                  


          (column 1, lines 22-30) that one way of creating a distinctive              
          ring is to vary the cadence.  Cadence refers to the rhythmic flow           
          of a sequence of sounds.  Reyes discloses known ways of modifying           
          the ringing sound of a telephone in which the rings have                    
          different time periods, or a variation in the cadence.  We find             
          that it would have been obvious to the skilled artisan in view of           
          the combined teachings of Reyes and Oprea to use a variation in             
          the time periods for the distinctive ring.  Consequently, we will           
          sustain the rejection of claim 6 and the claims grouped                     
          therewith, claims 7, 13, 14, 19, and 20.                                    
               As to claim 15, appellant argues (Reply Brief, pages 6-7)              
          that the examiner has engaged in impermissible hindsight.                   
          Specifically, appellant contends that the references fail to                
          provide motivation for using an odometer in evaluating the                  
          location of the vehicle.  Claim 15 includes a base station for              
          calling the user telephone.  We have found above that the                   
          combination of Ross and Oprea fails to teach such a limitation.             
          The additional reference to Greer fails to remedy this                      
          deficiency.  Therefore, we cannot sustain the rejection of claim            
          15.                                                                         
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 1 through 22             
          under 35 U.S.C. § 103 is affirmed with respect to claims 1                  

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