Ex Parte COOPER et al - Page 5




              Appeal No. 2001-2296                                                                                      
              Application No. 09/001,138                                                                                

              each billed subscriber in which totals of cumulative charges of different types of calls                  
              are maintained.  Col. 2, ll. 9-43.                                                                        
                     Figure 2 of Lewis further illustrates NCP 40.  Billing records are maintained in                   
              data storage unit 48.  Col. 2, ll. 47-67.  Figure 3 of the reference shows billing records                
              stored by data storage unit 48.  Record column 52 provides a telephone number or                          
              other unique identifier for indexing records.  Columns 60 and 62 represent counters                       
              containing cumulative values for each subscriber, shown as approximate dollar values                      
              on a cumulative basis where each counter represents a type of call made by the                            
              subscriber.  Col. 3, ll. 1-62.  Figure 4 and columns 4 and 5 of Lewis describe the                        
              updating of these counter values.                                                                         
                     Instant claim 17 recites “a number of counters coupled to the number of hosts.”                    
              Lewis does disclose “a number” of counters, but the rejection fails to show how these                     
              counters may be coupled to a plurality of hosts.  Most likely, the rejection deems NCP                    
              40 (Figs. 1 and 2) of Lewis to be a “host.”  However, as described by the reference,                      
              there is but a single “host” associated with the counters represented in Figure 3 of                      
              Lewis.  Further, it has not been shown how each one of the number of counters may                         
              correspond to “the one of the number of user sessions” to count the number of                             
              messages for the corresponding one of “the number of users sessions,” as required by                      
              claim 17.  The counters in Lewis are disclosed, to the contrary, as maintaining and                       
              preserving cumulative values for a particular subscriber.                                                 


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