Ex Parte GERBER et al - Page 3



          Appeal No. 2002-1986                                                        
          Application No. 09/283,167                                                  
               Claims 1-21 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Kallioniemi in view of LaDue.2                            
               We make reference to the answer (Paper No. 11, mailed March            
          26, 2002) for the Examiner’s reasoning in support of the                    
          rejection, and to the brief (Paper No. 10, filed February 20,               
          2002) and the reply brief (Paper No. 12, filed May 24, 2002) for            
          Appellants’ arguments thereagainst.                                         
                                       OPINION                                        
               In rejecting the claims, the Examiner relies on Kallioniemi            
          for teaching the routing of calls through a telecommunications              
          system between a subscriber and a resource as the claimed system            
          for extending a telephone call from a wireless telephone to a               
          location-based service (answer, page 3).  The Examiner recognizes           
          that Kallioniemi does not clearly teach the step of providing a             
          list comprising a plurality of location parameters to enable the            
          system to identify the present location of a roaming subscriber             
          (id.).  However, referring to Figures 1B and 3 and column 7, line           
          64 to col. 8, line 38 and col. 11, lines 18-57, the Examiner                
          asserts that LaDue discloses the technique of providing call                

               2  Method claims 16-21 are, directly or indirectly, dependent on system
          claim 14.  Although not an issue before us, we note that the system claim 14
          cannot be further limited by a step of, for example, “identifying” or       
          “determining.”  Therefore, the dependency of these claims should be corrected
          (should probably be dependent upon method claim 15) such that the conflict in
          their language is removed.                                                  
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