Ex Parte GALLAGHER et al - Page 7



          Appeal No. 2001-1926                                                        
          Application 08/777,722                                                      

          within switch node 101 relate to terminal emulation application             
          functions.  Neither the TMA nor the TEA functions correlate                 
          to the claimed call functions and handset functions of                      
          representative claim 12 on appeal.  At least from the abstract              
          and the summary of the invention of Bales, these types of                   
          functions recited in the claim appear to be performed by the                
          communications switching system 107 in Figure 1 of Bales rather             
          than to be distributed in any manner to the respective switching            
          nodes 101 and 130 in this figure.  We read Bales in much the same           
          manner as argued by appellants in the brief, that this reference            
          does not indicate that it performs any handoff functions at all,            
          let alone the specific type of handoff functions recited in                 
          representative independent claim 12 on appeal.  Even if we were             
          to agree with the examiner's view that a type of switchover                 
          operation occurs within Bales, the correlation does not exist to            
          the functions of a handoff operation as recited in representative           
          claim 12 on appeal.                                                         
               Since we have found that the examiner has not set forth a              
          prima facie case of anticipation within 35 U.S.C. § 102, the                
          rejection on this basis of corresponding method and apparatus               



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