Appeal No. 2001-0815
Application 08/803,947
state after a time interval corresponding to the first
embodiment. When the conversation is over and the user returns
the earphone 27 and the lid element 105 is closed, switch 108
again is actuated thereby placing the telephone in the off-hook
state. See column 7, line 37, to column 8, line 4.
We find nothing in the disclosure of Furuno that
supports the Examiner’s position that closing the lid element 105
before the predetermined period lapses will cancel the on-hook
state such that the call never is answered in the first place.
Instead, what we find one of ordinary skill in the art upon
reading this disclosure would have been taught is that upon
actuating the lid or opening the lid, the call is going to be
answered after the passing of the delay and that simply pushing
the earphone back in and closing the lid places it on the off-
hook position. This would not cancel the first on-hook state but
instead would provide two cycled states, one an on-hook state and
then an off-hook state, thereby hanging up on the caller and
thereby answering the call and then hanging up. We fail to
find that Furuno would teach Appellants’ claimed invention
of cancelling the off-hook state. In particular, we fail to
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