Ex Parte Countryman et al - Page 10



          Appeal No. 2003-0330                                                        
          Application No. 09/533,805                                                  
          We will not sustain the examiner’s rejection of claims 37                   
          and 38 for the reasons argued by appellants in the briefs.  The             
          applied prior art references say nothing about making service               
          type determinations based on Translation Type mapping capability.           
          The examiner simply states that “Donovan in view of Granberg                
          shows determining if the call is one of a prepaid type and a                
          postpaid type based on Translation Type mapping capability of at            
          least one of a Signaling Control Connection Point (SCCP) layer of           
          Signaling System 7 (SS7) and SS7 User Part (ISUP) messaging                 
          [answer, pages 13-14].  We have carefully reviewed the applied              
          references, but we can find nothing in these references which               
          supports the examiner’s assertion.  The examiner’s position is              
          tantamount to saying that Translation Type mapping capability is            
          inherent in the operation of Donovan.  There is no evidence on              
          this record to support the examiner’s position.  Obviousness                
          cannot be established on the examiner’s unsupported opinions.               
          Appellants argue that “Donovan fails to teach how the                       
          determination is made as to what the service type is.  Nowhere              
          does Donovan teach determining a service type based on                      
          Translation Type mapping or Translation Type capability” [reply             
          brief, page 3].  Appellants’ position with respect to Donovan               


                                         10                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007