Appeal No. 2005-1697
Application No. 10/160,357
use of the cell number in a geographical location impossible for
the first user to arrive at in so short a time period will
indicate fraud.
However, the instant claims require more. Specifically,
they require the monitoring over a time period of specific length
“to establish a normal usage pattern.” It is not clear that one
may consider the information monitored in Cooper to be a “usage
pattern.”
Moreover, and more importantly for our analysis, the instant
claims also require that the second time period has “said
specific length.” That is, the second time period must be the
same length as the first time period.
There is no indication in Cooper that the call setup
periods, which the examiner appears to rely on for these lengths
of time, is the same in both calls. While it may happen, in any
two calls, that the call setup times will be the same, this will
occur only by happenstance; it does not, by necessity, occur each
time. The instant claims, on the other hand, require that the
“time period having a specific length” and the “second period of
time” have the same specific length every time. At best, the
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