Ex parte REESE - Page 4




                     Appeal No. 1999-1612                                                                                                                                              
                     Application 08/614,188                                                                                                                                            


                     artisan cannot be charged with the knowledge thereof.1                                                                                                            
                                On page 2 of the request for rehearing, Appellant                                                                                                      
                     challenges our findings on the state of the prior art.  For                                                                                                       
                     the first time, Appellant presents Bellcore Communications                                                                                                        
                     Research Technical Reference TR-TSY-000031, Issue 1, dated                                                                                                        
                     June 1986 for consideration (hereinafter Bellcore ‘031,                                                                                                           
                     1986) .  Appellant also directs attention to Bell2                                                                                                                                                      
                     Communications Research Technical Reference TR-TSY-000030,                                                                                                        
                     Issue 1, dated November 1988 (hereinafter Bellcore ‘030)                                                                                                          
                     originally made of record during prosecution.  Appellant                                                                                                          
                     argues that recently discovered passages in the above                                                                                                             
                     references clearly provide details that would enable one                                                                                                          
                     skilled in the art to perform the step of “transmitting DN                                                                                                        
                     information to a busy called station after a call waiting tone                                                                                                    
                     is applied for an incoming call receiving call waiting                                                                                                            
                     treatment” as recited in claim 54.  Appellant specifically                                                                                                        
                     directs our attention to page 1, section 1.1, second                                                                                                              


                                1See page 14 of the decision dated February 28, 2001.                                                                                                  
                                2Bell Communications Research Technical Reference TR-TSY-                                                                                              
                     000031, Issue 2, dated June 1988 was made of record during                                                                                                        
                     prosecution.                                                                                                                                                      
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