Ex Parte Lee et al - Page 6

               Appeal 2007-0642                                                                            
               Application 10/267,877                                                                      
                   Appellants argue that if the modem 364 had a power-on reset operation                   
               to boot an internal system program when supply voltage is received at the                   
               main controller then the modem would boot and cause the call to be lost (Br.                
               12).  Here, Appellants seem to interpret the supply of the voltage as the                   
               trigger for the system program, but we find that Wallace would have the                     
               program for retraining or limited retraining responsive to the signal from the              
               microprocessor which gets an indication from the power supply monitor.                      
               We cannot agree with Appellants’ implied narrow interpretation of                           
               independent claim 1.                                                                        
                      Appellants argue that the Examiner is speculating as to the operation                
               of Wallace (Br. 13).  We disagree with Appellants’ argument and do not find                 
               that Appellants have identified any specific error in the Examiner’s                        
               correlation to the express limitations recited in independent claim 1.                      
               Therefore, Appellants' argument is not persuasive, and we will sustain the                  
               rejection of independent claim 1.                                                           
                      With respect to dependent claim 2, the Examiner has identified that                  
               the microprocessor or sub-controller blocks the output of the booting                       
               prevention signal to the operation port of the main controller (Answer 6).                  
               We understand the Examiner to maintain that the microprocessor uses the                     
               hook-on state of the telephone to allow the modem to perform a full retrain                 
               operation.  The Examiner finds that this meets the feature “adapted to block                
               the output of said booting prevention signal.”  We agree with the Examiner                  
               that the change of the output of the microprocessor or the lack of an output                
               in response to the change in state would have met the broad language of                     
               dependent claim 2.  Since we do not find that Appellants have shown error                   



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