Ex parte KUISMA - Page 6




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

          at least not for any articulated by the examiner, for the                   
          artisan to modify Mizikovsky in such a manner as to make unit               
          1 inoperable unless connected to another module.                            
               Looking at the proposed combination from the point of                  
          view of Tattari, the radio telephone taught therein would not               
          be a reconfigurable modular multiple system radio telephone.                
          Once constructed, the radio telephone of Tattari is a                       
          complete, finished product.  There would be no module                       
          interchange as in the instant claimed invention.                            
               Moreover, each of the independent claims requires, in one              
          way or another, that the basic module contain circuitry common              
          to the operation of the telephone in both modes.  Nothing in                
          either of the applied references suggests this claimed                      
          limitation.  Tattari is not directed to dual mode radio                     
          telephones but, rather, to the construction of a radio                      
          telephone.  Once that telephone is constructed, it operates in              
          whatever signal mode for which it was designed.  In                         
          Mizikovsky, the “basic module,” 1, has circuitry which permits              
          complete operation by that unit alone.  Not all of its                      
          circuitry is common to both modes of operation, as required by              
          the instant claims.  In response to this reasoning, the                     

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