Ex Parte Spitaletta et al - Page 2



          Appeal No. 2004-0731                                        Page 2           
          Application No. 09/957,059                                                   

                                      BACKGROUND                                       
               Appellants' invention relates to a nonreusable cellular                 
          telephone.  An understanding of the invention can be derived from            
          a reading of exemplary claim 12, which is reproduced as follows:             
               12. A cellular phone which is nonresettable and permanently             
          rendered inoperative after the expiration of a predetermined                 
          period of calling time, comprising:                                          
               (a) a remaining time indicator provided with a                          
          preprogrammed, one-time predetermined period of calling time                 
          deductible from the cellular phone during cellular                           
          communications; and                                                          
               (b) a microprocessor operative to control the operation of              
          the cellular phone and (i) monitor the amount of time remaining              
          of said predetermined period of calling time, (ii) allow the user            
          to initiate and end calls and start and stop the deduction of the            
          calling time so as to allow the user to make an initial call and             
          one or more additional calls without regard to when said initial             
          call was made and until said predetermined period of calling time            
          is used up, and (iii) permanently disable the cellular phone once            
          said one-time predetermined period of calling time has been used             
          up such that the cellular phone is permanently rendered                      
          inoperative and incapable of any further use.                                
               The prior art references of record relied upon by the                   
          examiner in rejecting the appealed claims are:                               
          Norimatsu                  5,438,612                Aug. 1, 1995             
          Rodriguez                  5,983,091                Nov. 9, 1999             
                         (filed Jan.  25, 1995)                                        
          Crossley              GB 2 262 685 A               Jun. 26, 1993             
          (United Kingdom Patent Application)                                          








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