Ex Parte MCELVANEY - Page 7



          Appeal No. 2001-1944                                                        
          Application No. 08/734,857                                                  

               When the entirety of Schindler’s disclosure is considered in           
          conjunction with labeled element 1622 depicting a dashed                    
          rectangular block stating “PHONE VOICE I/O” fulfilling a                    
          very brief discussion in the noted portions of column 20, we are            
          constrained to conclude, like appellant and the substance of the            
          affidavit from Mr. Bogley (submitted as an attachment to paper              
          no. 9 received on March 15, 1999) that Schindler does not teach             
          or suggest the use of the claimed telephone handset.  Consistent            
          with our earlier noted discussion with respect to the speaker-              
          phone and portable telephone approaches in the earlier figures of           
          Schindler, it appears to us that the depiction of the outgoing              
          arrowhead from element 1622 feeding directly the modem is                   
          consistent with the prior approaches.  Thus, to the extent that a           
          phone is suggested as part of element 1622, that is, a                      
          conventional telephone handset, it is fed directly into the modem           
          322 and not into the sound card 320.  Correspondingly, however,             
          any received audio in any form would appear to enter from a                 
          public telephone line 1612 through the modem 322 to the bus 312             
          and outputted correspondingly to the sound card 320 to the phone            




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