Appeal No. 2004-0961
Application No. 09/785,863
determining whether the user is to receive advertisements, when
the phone is taken off-hook, by correlating the user’s directory
number with an indication in the user’s profile that the
advertising plan has been selected. Kung’s disclosure that a
call manager may request that certain announcements be played a
specified number of times (col. 10, lines 27-30) would have
fairly suggested, to one of ordinary skill in the art,
correlating the user’s directory number with the advertising plan
in accordance with a predetermined time criterion, i.e., the
timing of those advertisements. Thus, Kung would have fairly
suggested, to one of ordinary skill in the art, the detecting,
determining and generating steps in the appellants’ claim 1.
The appellants argue that Kung discloses playing random
advertisements (brief, pages 5 and 7). Kung does not disclose
that the advertisements are played randomly. Kung’s disclosure
of playing announcements a specified number of times (col. 10,
lines 27-30) would have fairly suggested, to one of ordinary
skill in the art, playing advertisements at a specified number of
preselected times.
The appellants argue that Kung would not have suggested
delivery of information services according to a schedule and
frequency preestablished by a subscriber (brief, page 5; reply
brief, page 3). The appellants’ claim 1 requires that the
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