Ex parte GASKILL - Page 4




          Appeal No. 97-2879                                                          
          Application No. 08/507,181                                                  


          Kawasaki, the portable unit can be a cordless telephone                     
          carried by a person (column 1, lines 14 through 19).                        
               Blonder discloses a wrist-mounted telephone 2 with a                   
          speaker 20 and a microphone 22 that is exposed when the                     
          speaker is pivoted into an operable position (Figures 1 and                 
          2).  The wrist-mounted telephone normally operates at radio                 
          frequencies, but Blonder states that “the device is equally                 
          useful with infrared” (column 4, lines 14 through 17).                      
               Appellant has not challenged the examiner’s conclusion                 
          (Answer, page 7) that:                                                      
                    Therefore, it would have been obvious to one of                   
               ordinary skill in the art at the time the invention                    
               was made to substitute infrared transmission for                       
               radio frequency and to provide a wristwatch form                       
               factor for the portable telephone set in Kawasaki                      
               since Blonder explicitly teaches the substitution                      
               and the use of the wristwatch form for a portable                      
               telephone set.                                                         
               The examiner admits (Answer, page 7) that “Kawasaki does               
          not teach the transmission of the receiver’s identification                 
          number within the acknowledgment signal transmitted in                      
          response to the hailing message.”  For such a missing                       
          teaching, the examiner turns to Stoller.  According to the                  
          examiner (Answer, page 7):                                                  

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