Ex Parte MANNING et al - Page 8




          Appeal No. 2001-2270                                                        
          Application 09/235,529                                                      

          30 dB); and "AT&T central office switches typically reject DTMF             
          tones less than -38.2 dBm per tone" (spec. at 9, lines 17-18),              
          which teaches that the attenuation should be greater than                   
          38.2 dB.  Thus, if one or ordinary skill in the art wanted to               
          determine how much attenuation would be required so that the                
          central office would not detect the DTMF signals, this knowledge            
          appears to be readily available in the art.  We conclude that the           
          examiner has established a prima facie case of obviousness.                 
               Appellants argue that the Stevens system does not provide              
          adequate attenuation (Br6).                                                 
               The examiner does not rely solely on Stevens.  However,                
          Stevens expressly teaches that the attenuation should be enough             
          so that the central office will not detect the DTMF signals.  It            
          was evidently known in the art that an attenuation of at least              
          30 dB or 38.2 dB was required to meet this condition.  In                   
          addition, Eaton discloses that the DTMF tones should be                     
          attenuated by 30 dB, which suggests that the attenuation in                 
          Stevens also be 30 dB.                                                      
               Appellants argue that the examiner's rejection states (at              
          FR6) that Stevens can be a parallel or series device while Eaton            
          teaches a series device and since both references teach the use             
          of a series device, it would have been obvious to utilize the               
          30 dB teachings of Eaton in Stevens (Br7).  It is argued that               


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