Ex Parte KLEINROCK et al - Page 5




          Appeal No. 2001-2260                                                        
          Application 08/712,502                                                      


          arguments.  See Id.; In re Hedges, 783 F.2d 1038, 1039, 228 USPQ            
          685, 686 (Fed. Cir. 1986); In re Piasecki, 745 F.2d 1468, 1472,             
          223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d            
          1048, 1052, 189 USPQ 143, 147 (CCPA 1976).  Only those arguments            
          actually made by appellants have been considered in this                    
          decision.  Arguments which appellants could have made but chose             
          not to make in the brief have not been considered and are deemed            
          to be waived [see 37 CFR § 1.192(a)].                                       
          We consider first the rejection of the claims based on                      
          Chinnock and Weinberger.  The examiner explains how he finds the            
          claimed invention to be obvious over the applied references                 
          [answer, pages 3-6].  With respect to independent claims 1 and              
          45, appellants argue that Chinnock does not teach a system for              
          receiving location identifying information and using this                   
          information to search a database to select and download a                   
          computer network access number to a remote computing device.                
          Appellants also argue that Weinberger teaches a least cost                  
          routing device but the information is based on the dialed                   
          telephone number and not on the location of the remote device.              
          Appellants argue that there is no motivation to modify the                  
          Chinnock system with the least cost routing feature of Weinberger           
          because the user in Chinnock has already accessed the network               

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