Ex Parte FARRIS - Page 5




              Appeal No. 2002-1422                                                                  Page 5                
              Application No. 08/753,197                                                                                  
              and DAS/C 56 would have required international or other long distance communication                         
              so as to benefit from Gordon’s cost advantage.  To the contrary, Daudelin discloses                         
              that its “directory assistance service for local and remote numbers is provided from a                      
              local source. . . .”  Col. 5, ll. 17-18.                                                                    


                     Furthermore, we do not understand the examiner’s assertion that his proposed                         
              replacement would “expand system reachability [sic].”  (Examiner’s Answer at 6.)                            
              Regardless, such “[b]road conclusory statements . . . are not ‘evidence.’"  In re                           
              Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999)(citing                                  
              McElmurry v. Arkansas Power & Light Co., 995 F.2d 1576, 1578, 27 USPQ2d 1129,                               
              1131 (Fed. Cir. 1993); In re Sichert, 566 F.2d 1154, 1164, 196 USPQ 209, 217 (CCPA                          
              1977)).  Therefore, we reverse the rejection of claims 1, 2, 5-29, and 31-40.                               


                                                    CONCLUSION                                                            
                     In summary, the rejection of claims 1, 2, 5-29, and 31-40 under § 103(a) is                          
              reversed.                                                                                                   


                                                      REVERSED                                                            













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