Appeal No. 2004-0731 Page 6
Application No. 09/957,059
deficiency of Norimatsu, the examiner turns to Rodriguez for a
teaching of a remaining time indicator for indicating a period of
calling time provided and deductible from the cellular phone
during cellular communications.
Appellants assert (brief, pages 10-13) that the references,
even if taken in the combination proposed by the examiner, do not
teach or suggest all of the limitations of claim 12. It is noted
that claim 12 recites, inter alia, that "(b) a microprocessor
operative to ... (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." It is
argued that one would not have been motivated to combine the
permanently disabling feature of Crossley with the reusable
telephones of Norimatsu and Rodriguez. It is additionally argued
(reply brief, page 11) that there is no motivation to combine the
teachings of Norimatsu and Rodriguez to provide Norimatsu with a
remaining time indicator "'for the purpose of informing the user
of the remaining amount of calling time left in the cellular
phone of Norimatsu in order for the user to manage his remaining
calling time.' (Ex. Ans. at 7.)." Appellants argue (reply
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