Ex Parte MANNING et al - Page 14




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

          prima facie case of obviousness which has not been shown to be in           
          error.  The rejection of claims 2 and 10 is sustained.                      



          Group III: Claim 12                                                         
               Claim 12 depends on claim 9 and recites "further comprising            
          adjusting a level of the dialing signals received by a detector             
          in response to attenuation."  It appears that this limitation               
          refers to the interfacing or equalizing network 216 which is                
          designed to ensure that the voltage amplitude of a received DTMF            
          signal is substantially the same whether or not the relay SW1 is            
          in an open or closed condition (e.g., spec. at 20, lines 13-15).            
               As noted by appellants (Br8), the examiner does not address            
          claim 12 in the final rejection.  In the examiner's answer, the             
          examiner states that "Stevens in view of Eaton clearly teach the            
          use of AC loads that attenuate and/or adjust the level of dialing           
          signals down to a certain level (e.g., from 3 dB to 30 dB) in               
          response to the attenuation" (EA9).  Appellants respond that                
          claim 12 recites adjustment in response to the attenuation, not             
          the attenuation itself, and that no other adjustment of the                 
          signal in response to the attenuation is taught in any of the               
          cited references (RBr11).                                                   
               We agree with appellants that attenuation alone does not               
          meet the limitations of claim 12.  The examiner has not shown how           

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