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 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007