Ex parte KUISMA - Page 3




          Appeal No. 97-3059                                                          
          Application No. 08/251,014                                                  

               The examiner relies on the following references:                       

          Mizikovsky               5,228,074                Jul. 13, 1993             
                                             (filed Apr. 15, 1991)                    
          Tattari                  5,265,158                Nov. 23, 1993             
                                             (filed May 11, 1992)                     
               Claims 1 through 7, 9 through 13 and 16 through 20 stand               
          rejected under 35 U.S.C. § 103 as unpatentable over Mizikovsky              
          in view of Tattari.                                                         
               Reference is made to the brief and answer for the                      
          respective details of the positions of appellant and the                    
          examiner.                                                                   
                                       OPINION                                        
               We reverse.                                                            
               The instant claimed invention requires a radio telephone               
          which is operable in at least two modes.  The telephone                     
          comprises a plurality of modules.  There is a basic module                  
          which contains circuitry common to both modes of operation.                 
          Then there are at least two discrete supplementary modules.                 
          The first such supplementary module consists of non-common                  
          circuitry necessary for operation in the first mode and the                 
          second such supplementary module consists of non-common                     
          circuitry necessary for operation in the second mode.  Each                 
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