Ex Parte MILOSLAVSKY - Page 9


                 Appeal No. 2006-1092                                                                                    
                 Application No. 08/948,530                                                                              


                 Claim 6 merely recites, in pertinent part, routing incoming calls to "selected agent                    
                 addresses at [the] at least one call center" [emphasis added].  Such language                           
                 does not require a plurality of call centers, but rather one or more call centers.                      
                 The call routing system of Ginsberg fully reads on this limitation.  Moreover, we                       
                 find no recitation of a database in claims 6-8.  In our view, the teachings of                          
                 Ginsberg appear anticipatory for at least claim 6.                                                      
                        Nevertheless, obviousness rejections can be based on references that                             
                 happen to anticipate the claimed subject matter.  In re Meyer, 599 F.2d 1026,                           
                 1031, 202 USPQ 175, 179 (CCPA 1979).  We agree with the examiner that the                               
                 teachings of Becker are reasonably combinable with Ginsberg essentially for the                         
                 reasons stated by the examiner.                                                                         
                        Becker's CTI data collection server 38 continuously collects data from                           
                 each call center 50 via a CTI server 60 located at each call center [Becker, col. 8,                    
                 lines 45-55].  Call center router 36 then retrieves this data from the CTI data                         
                 collection server via wide area network 26 to determine if the intended                                 
                 destination call center has sufficient current availability to accept the call.                         
                 Availability is determined by total number of agent workstations, agents currently                      
                 handling calls, current number of calls in the queue, and the rate of incoming                          
                 calls [Becker, col. 8, lines 57-63].  Data is also collected regarding agent                            
                 availability [Becker, col. 8, line 64 - col. 9, line 10].  Since both Becker and                        
                 Ginsberg are in the same field of endeavor, we find Becker's teaching reasonably                        




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