Appeal No. 2001-2270 Application 09/235,529 Eaton could be used in a parallel attenuator such as Stevens for the same purpose of preventing detection of DTMF tones by the central office. For the reasons stated above, we conclude that the examiner has established a prima facie case of obviousness which appellants have not shown to be in error. Accordingly, the rejection of claims 1, 3-6, 9, and 11 is sustained. Group II: Claims 2 and 10 Representative claim 2 recites that the load attenuates the dialing signals by "at least 38 dB." Appellants argue that neither of the references suggests this level of attenuation and there is no evidence why such a level of attenuation would be desirable (Br8). The examiner concludes that 38 dB would have been obvious because one of ordinary skill in the art, knowing from Stevens that the attenuation should be selected to prevent detection of the DTMF tones by the central office, is presumed to have had sufficient skill to determine a specific value by routine experimentation (EA9), citing In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980) ("[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art."); In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) ("[W]here the general conditions of - 12 -Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007