Ex Parte Verbil et al - Page 9



           Appeal No. 2006-3280                                                                      
           Application No. 09/874,152                                                                
                 Now, the question before us is what Weisser, Knoerle and                            
           Watts would have taught to one of ordinary skill in the art?  To                          
           answer this question, we find the following facts:                                        
                 1. At column 9, lines 2 through 26, Weisser states the                              
           following:                                                                                
                             Initially, a call is initiated as shown in block                        
                       100. It is then determined whether the line for the                           
                       called number is busy (block 110, FIG. 2). If the                             
                       called number is not busy, the telephone network, using                       
                       the AIN, connects the call to the called line (block                          
                       120, FIG. 2). If the called party is busy, the system                         
                       determines if the called number subscriber is an                              
                       "Advertise-on-Busy" subscriber (block 130, FIG. 2). If                        
                       the called party is not an "Advertise-on-Busy"                                
                       subscriber, then the telephone system initiates a busy                        
                       signal to the calling party indicating that the called                        
                       line is busy or occupied (block 140, FIG. 2). On the                          
                       other hand, if it is determined by the telephone system                       
                       that the called line, which is busy, is an "Advertise-                        
                       on-Busy" subscriber, then the call is queued in a                             
                       service control point 26 and then temporarily connected                       
                       by a voice circuit to a chosen service node 39. The                           
                       service node then plays a recorded message selected by                        
                       the service control point to the caller while waiting                         
                       to provide a connection to the called line (blocks 150                        
                       and 160, FIG. 2). The queue established in this service                       
                       control point 26 establishes the order that calls                             
                       placed on hold will be connected to the called line.                          
                       The service control point 26 also stores indicia                              
                       related to the message to be played in the service node                       
                       39 for any given call. These recorded messages can be                         
                       chosen, selected, and created by the "Advertise-on-                           
                       Busy" subscriber.                                                             
                 2. Further, at column 3, line 66 through column 4, line 7,                          
           Watts states the following:                                                               
                             If the called telecommunications device 18                              
                       disconnects, intelligent peripheral 40 initiates a call                       
                       to the calling telecommunications device 12 which is                          
                                                 9                                                   



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