Ex parte ROM - Page 13




          Appeal No. 1997-2066                                                        
          Application 08/537,408                                                      

          sending a signal to its current cell-site (first access point)              
          requesting a handoff which is forwarded to a system                         
          controller, which performs the handoff, but there is no                     
          evidence that the request is forwarded directly or otherwise                
          from the first access point to the second access point (Br9).               
               The Examiner finds that "[t]he first cell-site ([first]                
          access point) relays the request to the second cell-site                    
          ([second] access point) through a system controller 10                      
          (page 6, line 33-page 7, line 1)" (EA6).                                    
               Gilhousen discloses that the request for handoff to a new              
          cell-site is relayed to the system controller 10 and the                    
          system controller handles the handoff process by assigning a                
          modem in the new cell-site (second access point) and giving it              
          information about the call (p. 6, line 17 to p. 7, line 1; p.               
          12, lines 20-32).  The system controller 10 is not a second                 
          access point.  The Examiner errs in finding that the request                
          is relayed "through" the system controller 10 to a second                   
          access point.                                                               
               The Examiner further states (EA18):                                    
               [T]he phrase "directly relaying" should be interpreted to              
               mean a communication which is transmitted by means of the              
               LAN as a whole from one point to another.  The fact that               
               the communication may temporarily be held in a hub,                    
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