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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