Ex parte HIRAI et al. - Page 2




          Appeal No. 1999-0395                                                        
          Application No. 08/515,900                                                  


               Claim 1 reads as follows:                                              
               1.   A radio system comprising:                                        
               clock oscillation means, comprising a variable                         
          capacitance diode, for generating a reference clock;                        
               memory means;                                                          
               frequency switching means; and                                         
               means for controlling said frequency switching means on                
          the basis of the contents stored in said memory means,                      
               wherein the oscillation frequency of said reference clock              
          generated by said clock oscillation means is switched in                    
          accordance with a state of an output of said frequency                      
          switching means.                                                            
               The references relied on by the examiner are:                          
          Smith                    4,550,292           Oct.  29, 1985                 
          Garner et al. (Garner) 4,870,699             Sept. 26, 1989                 
               Claim 1 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over acknowledged prior art Figure 8 of the                    
          drawing in view of Garner and Smith.                                        
               Reference is made to the briefs and the answer for the                 
          respective positions of the appellants and the examiner.                    
                                       OPINION                                        
               The obviousness rejection of claim 1 is sustained.                     
               Appellants and the examiner both agree that acknowledged               
          prior art Figure 8 does not disclose frequency switching means              
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