Ex Parte MANNING et al - Page 15




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

          the combination of references would provide an adjustment in the            
          level of the DTMF signals.  Accordingly, we conclude that the               
          examiner has failed to establish a prima facie case of                      
          obviousness.  The rejection of claim 12 is reversed.                        


                                     CONCLUSION                                       
               The rejections of claims 1-6 and 9-11 are sustained.  The              
          rejection of claim 12 is reversed.                                          
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    






                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              

                                                       ))  BOARD OF PATENT            
                         LEE E. BARRETT                )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                         JOSEPH F. RUGGIERO            )                              
                         Administrative Patent Judge )                                


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