Ex parte ROM - Page 14




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

               router, or another node (i.e., token bus/loop repeater)                
               is transparent to the transmission operation, what is                  
               important is that any communication sent from the first                
               point to the next is not modified by a relaying unit                   
               along the way to change the content of the message and                 
               its purpose.  Gilhousen, Kojima, and Harrison                          
               transparently relay any messages sent into the network                 
               from one point to another without changing the content of              
               the messages.  Thus, both Gilhousen and Kojima operate in              
               the manner indicated by the Applicant's disclosure and                 
               the Examiner maintains that the rejections made based                  
               upon Gilhousen or Kojima, respectively, are proper.                    
               We agree with the Examiner that the phrase "directly                   
          relaying" does not exclude going unchanged through                          
          intermediate nodes (a node in the sense of a junction between               
          two connectors, as opposed to the mobile nodes).  However,                  
          under the Examiner's own interpretation of "directly relaying"              
          as not allowing any modification of the message, the handoff                
          request is not directly relayed or passed "through" the system              
          controller 10 in Gilhousen because it is the system controller              
          which handles the request, not the second cell-site (second                 
          access point).  It is true that Gilhousen discloses a mobile                
          initiated handoff, but the implementation is not the same as                
          what is claimed.  This difference in implementation is                      
          commented on in Appellant's declaration regarding the                       
          enablement rejection (paragraph 9):                                         


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