Appeal No. 2005-0007
Application 09/364,675
The examiner has listed a host of limitations in each of the
claims on appeal that are allegedly not supported by the
originally filed application (answer, pages 4 through 6). The
examiner states, for example, that:
Claims 24-31 recite the use of “travel cards” for
“handling telephone calls” in a “telephone system
controllable by travel cards.” However, appellant’s
specification contains no teaching or suggestion of using
“travel cards” but, instead, discloses a lottery system to
which a caller from a valid telephone number can participate
using information on a lottery ticket. A travel card is a
telephone credit calling card which is issued by a service
provider and enables a caller to place long distance calls
over any phone and to charge the call to the card’s account.
In contrast, appellant’s specification is directed to a
lottery system to which a caller from a valid telephone
number can participate using information on a lottery ticket
(see Figure 2; page 4, line 12-page 5, line 13; page 21,
line [ ]-page 23, line 21; page 34, Abstract). A travel
card and a lottery ticket are separate, distinct entities
which carry out completely different functions. A telephone
travel card is issued by a telephone company to enable a
customer to place a long distance call over any phone and to
charge the call to the account of the accountholder. The
lottery ticket described in appellant’s specification allows
a user to participate in a lottery, not to place a call to a
desired second party over any telephone. Therefore, the
lottery ticket described in appellant’s specification cannot
be considered as a travel card as is defined in the
telephony art. (Answer, page 4).
The examiner is also of the opinion (answer, page 5) that
“Appellant’s specification does not provide support for a [sic]
using a caller’s automatic number identification and a PIN number
and a parameter relating to the card for determining whether the
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