Ex parte CVETKO et al. - Page 3




              Appeal No. 1999-0224                                                                                           
              Application No. 08/649,889                                                                                     


                      Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 102(b) as anticipated by Target                     
              Technologies.                                                                                                  
                      Claim 3 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                            
              Target Technologies in view of Mullett.                                                                        
                      The respective positions of the examiner and the appellants with regard to the                         
              propriety of these rejections are set forth in the examiner’s answer (Paper No. 10) and the                    
              appellants’ brief (Paper No. 9).                                                                               
                      The Rejection under 35 U.S.C. § 102(b)                                                                 
              Claims 1, 2 and 4                                                                                              
                      After consideration of the positions and arguments presented by both the examiner                      
              and the appellants, we have concluded that the rejection should not be sustained.                              
                      With respect to sole independent claim 1, we are of the opinion that the examiner                      
              has not established that the ISDN Network of Target Technologies is a graphics/command                         
              network.  An Integrated Services Digital Network (ISDN) is known in                                            
              the communications art as a digital telephone line which provides users with simultaneous                      
              (integrated) voice/data capability.  The reference itself is sketchy, and it does not identify                 
              the ISDN Network as a graphics/command network.  It is not                                                     






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