Appeal No. 2002-2034
Application No. 09/175,080
operation and additional destination entry must occur after the
single button dialer is activated, but as between the two, no
particular order is specified. Consequently, the operation of the
interrupt button 43 in Fukushima, regardless of when it is pushed
during the transmission operation, acts to anticipate claim 15.
Accordingly, we shall affirm this portion of the rejection.
Summary of Decision
The rejection of claims 1-6 under 35 U.S.C. § 102(e) over
Fukushima is reversed.
The rejection of claims 8-9, 11-16, and 18-25 under 35 U.S.C.
§ 102(e) over Fukushima is sustained.
APPROPRIATE ACTION
Accordingly, the subject application is being returned to the
jurisdiction of the examiner, via the office of a Director of the
Technology Center involved, for consideration of whether claims 1-
6 (and any additional claims) are rendered obvious within the
meaning of 35 U.S.C. § 103 by the disclosure of Fukushima.
This application, by virtue of its “special” status, requires
an immediate action. Manual of Patent Examining Procedure § 708.01
(7th ed., rev. 1, February 2000). It is important that the Board
be informed promptly of any action affecting the appeal in this
case.
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