Appeal No. 2003-0664
Application No. 09/314,716
acknowledged that neither Birch nor Kohiyama discloses a GUI at
the network operation center. With respect to the mode signal
alluded to by the examiner (answer, page 5), we find that
Kohiyama does not state that the mode signal originates at “the
sender (Network Operating center).” Kohiyama merely states
(column 9, lines 5 through 7) that “an MPU (not shown) or the
like creates this mode signal.” We will not condone the
examiner’s use of improper speculation to attribute unfounded
teachings to Kohiyama. Lai discloses a GUI, but it is located at
the receiver. Thus, we agree with the appellants’ argument
(reply brief, pages 4 and 5) that Lai does not teach a GUI at the
network operation center.
In view of the foregoing deficiencies in the teachings and
suggestions of the applied references, the obviousness rejection
of claim 1 is reversed. The obviousness rejections of claims 2
through 12 are reversed because the teachings of Kostreski,
Gotwald and Qureshi do not cure the noted shortcomings in the
teachings of Birch, Kohiyama and Lai.
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