Ex Parte Verbil et al - Page 11



           Appeal No. 2006-3280                                                                      
           Application No. 09/874,152                                                                
           event that the calling party is dropped while waiting on hold, an                         
           intelligent peripheral would place a call to the calling party.                           
           The ordinarily skilled artisan would have readily recognized that                         
           the combined references merely disclose a mechanism for allowing                          
           the intelligent peripheral to call the calling party upon being                           
           disconnected from the AIN.  In other words, the ordinarily                                
           skilled artisan would have found that the Weisser-Knoerle-Watts                           
           combination is limited to queuing calls to the subscriber line in                         
           an AIN system; connecting each of these calls to the subscriber                           
           line as it becomes available; and dialing the calling party from                          
           the intelligent peripheral if the calling party was dropped while                         
           waiting on hold.  The ordinarily skilled would have found,                                
           however, that the cited combination does not amount to dialing                            
           the subscriber line (called party) from the intelligent                                   
           peripheral to determine whether said party is still busy or                               
           available for communication with the next calling party waiting                           
           in line.                                                                                  
                 In consequence, we find error in the examiner’s stated                              
           position, which concludes that the combination of Weisser,                                
           Knoerle and Watts teaches the claimed limitation of dialing the                           
           subscriber line from the intelligent peripheral of the AIN                                
           telecommunications system to determine whether the subscriber                             
           line is no longer busy.                                                                   
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