Appeal No. 2002-1327
Application 09/218,247
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554,
220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984).
The examiner has indicated how he finds the claimed
invention to be fully met by the disclosure of Sato [answer,
pages 3-5]. With respect to independent claim 1, appellants
argue that Sato does not teach determining a preferred connection
based on predetermined data associated with a subscriber nor
connecting a wireless handset to a wireline switch based on a
preferred connection [brief, pages 4-5]. The examiner responds
that the type of service requested by the subscriber corresponds
to the claimed data associated with the subscriber. The examiner
also disagrees with appellants’ second argument [answer, pages 5-
7]. Appellants respond that the request for service in Sato
cannot correspond to predetermined data associated with the
subscriber as claimed. They also respond that there is no
preferred connection disclosed in Sato [reply brief, pages 4-6].
We will not sustain the examiner’s rejection of
independent claim 1 for essentially the reasons argued by
appellants in the briefs. The method of claim 1 begins by
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