Ex parte COMROE et al. - Page 7




          Appeal No. 96-1386                                                          
          Application 08/030,937                                                      


          control means which provides a first discrete mode of operation             
          which transmits audible messages.  Appellants agree that Brown              
          discusses a push-to-talk switch but argues that the teaching does           
          not suggest a microphone or a control means to provide a first              
          discrete mode of operation that transmits audible messages in               



          which the first mode of operation is discrete from the second               
          mode of operation that transmits video information as recited in            
          Appellants' claims.  Appellants provide an affidavit in which               
          Daniel P. Brown, the inventor of the Brown patent, states that              
          the Brown patent does not contain a teaching of a microphone to             
          be included with the radio 22.  Mr. Brown also states that the              
          push-to-talk switch is triggered electronically and is not                  
          triggered by a switch in a microphone as done in the typical                
          communication units.  Appellants also provide an affidavit in               
          which Gary Grube states that the Brown patent teaches a way to              
          use a typical and standard two-way FM radio to transmit video               
          data, as versus voice.  Mr. Grube states that the Brown patent              
          teaches that the push-to-talk switch is selectively enabled so              
          that the data is ready and available for transmission.                      
               In our own careful review of Brown, we find that Brown does            

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