Ex parte BYRNE - Page 13




          Appeal No. 1999-1109                                                        
          Application No. 08/359,904                                                  


              Further, with respect to claim 11,  Appellant argues, brief            
          at page 9, that this claim “calls for two distinct radio                    
          telephone systems; a micro-cellular telephone system and a                  
          macro-cellular telephone system.  However, Gudmundson et al.                
          merely discloses different size cells in a single radio                     
          telephone system.”  We disagree.  In our view, claim 11 does not            
          recite any different types of telephone systems, it merely asks             
          for a micro cellular telephone system and a macro cellular                  
          telephone system; and Gudmunson clearly shows a telephone system            
          which utilizes both a macro cellular system and a micro cellular            
          system, as the Examiner has pointed out in his Examiner’s                   
          answer.                                                                     
               Regarding claims 12 and 21, brief at pages 9 and 10,                   
          Appellant makes the same argument that these claims recite two              
          different radio telephone systems having different types of base            
          stations.  However, for the same reason as for claim 11, we                 
          uphold the rejection of these claims as explained by the                    
          Examiner at pages 5 and 6 of the Examiner’s answer.  Therefore,             
          we sustain the anticipation rejection of claims 11-13, 15 and 21            
          by Gudmundson.                                                              
               Chia                                                                   
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