Ex Parte Rodriguez et al - Page 12



          Appeal No. 2004-0716                                            Page 12            
          Application No. 09544,275                                                          

                Brakefield discloses a system for dynamically allocating                     
          bandwidth between a data and an audio device connected to the                      
          same communications line (col. 1, lines 11-15).  This dynamic                      
          allocation is done at various times, including when an on-hold                     
          condition is detected on the audio device (col. 10, lines 21-31).                  
          The end of the on-hold condition can be detected by monitoring                     
          the communication line for a signal (cols. 7-8, lines 61-67 and                    
          lines 1-2).                                                                        
                From our review of Brakefield, we agree with the Examiner                    
          (answer, page 6) that the reference teaches a means for detecting                  
          the end of an on-hold condition.  However, because Brakefield                      
          does not teach or suggest the two claimed states, we find that                     
          Brakefield does not make up for the deficiencies of Sawyer.                        
          Accordingly, the rejection of claim 18, and claims 4, 5, 9, 10,                    
          15 and 16, which stand or fall with claim 18, under 35 U.S.C.                      
          § 103(a) is reversed.                                                              













Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007