Ex Parte ALANEN et al - Page 9




          Appeal No. 2001-0815                                                        
          Application 08/803,947                                                      



          find that Furuno teaches a user generation of a predefined                  
          cancellation signal during the delay period to cancel the                   
          performance of the off-hook position in response to the                     
          cancellation signal during the delay period as claimed by                   
          Appellants’ claims.  Therefore, we will not sustain the                     
          Examiner’s rejection.                                                       
                    We now turn to the rejection of claims 1, 4, 5, 8                 
          through 12 and 14 through 21 as being rejected under 35 U.S.C.              
          § 103 as being unpatentable over Martensson in view of Furuno.              
          Appellants argue that Martensson discloses a conventional compact           
          portable telephone in which the movement of the extended portion            
          from the first position to the second position automatically                
          produces an off-hook condition.  Appellants further argue that              
          Furuno is concerned with a time delay to accommodate withdrawal             
          of an earphone 27 at the time a telephone call is being                     
          initiated.  Appellants argue that it is unclear how Furuno and              
          Martensson can be combined to produce the Appellants’ claimed               
          invention.                                                                  






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