Ex Parte BOROCZKY et al - Page 3



          Appeal No. 2002-1946                                                        
          Application 08/988,080                                                      
                                       OPINION                                        
               We reverse.                                                            
               As expressed at the bottom of page 3 of the principal brief            
          on appeal and in accordance with the arguments in this brief,               
          appellants focus upon a feature common to each independent claim            
          on appeal of instructing a calling party to terminate a                     
          connection to the packet switched network (or Internet) to make a           
          line available for incoming calls if the calling party wishes to            
          receive said call on said same line as said connection to the               
          packet switched network (Internet).                                         
               Assuming for the sake of argument that Rondeau and Low are             
          properly combinable within 35 U.S.C. § 103, we agree with                   
          appellants' basic urging that the noted feature would not have              
          been taught or suggested within 35 U.S.C. § 103 to the artisan.             
               In Rondeau, for example, terminal server 26, database server           
          28, telephone server 30 and LAN 32 suggest the use of a packet              
          switch network or Internet system to the extent recited in the              
          claims  on appeal.  However, the link from the terminal 18 to the           
          database server 28, once established, appears to be never lost or           
          disconnected in any manner once data is retrieved by the database           
          server for access by the terminal user, for subsequent access-              


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