Ex Parte Kimata et al - Page 6




              Appeal No. 2006-1054                                                                                       
              Application No. 09/739,619                                                                                 

              input signal output from a microphone.”  Appellants’ disclosed invention includes, inter                   
              alia, a comparator that determines whether the phone is in use or not by comparing the                     
              signal levels of the voice signal with the signal level of a reference signal.  (Spec. at 10,              
              ll. 9-15; Fig. 4.)                                                                                         
                     According to the statement of the rejection, Ota discloses automatic voice dial                     
              telephone terminal equipment that determines whether the phone is in use or not                            
              according to a voice input signal output from a microphone.  The rejection refers to the                   
              (JPO) Abstract of Ota.  (Answer at 4.)                                                                     
                     According to Abstract of Ota, the system relates to a voice recognition system for                  
              automatic dialing of a telephone number.  The system recognizes the spoken name of a                       
              party who is to be called.  The telephone number of the party is displayed; the party’s                    
              name may also be displayed.  The user may then depress a key to dial the party’s                           
              number.                                                                                                    
                     We do not find any teaching with respect to whether the phone is in use or not                      
              according to a voice input signal output from a microphone, in the Abstract or in the full                 
              English translation of Ota.  We do not see how the teachings of Ota might apply to                         
              Hiroaki’s system, except perhaps to suggest using voice recognition and automatic                          
              dialing with the video communication terminal disclosed by Ota.  We agree with                             
              appellants that a prima facie case for obviousness has not been set forth for the subject                  
              matter of claims 3, 12, and 18.                                                                            


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