Appeal No. 1999-1109
Application No. 08/359,904
system; and it would have been obvious to incorporate the use of
one of the radio telephone systems being a non-cellular system
in Chia. Appellant argues, brief at page 13, that “Claim 1
calls for a radio telephone with respective communication means
associated with two radio telephone systems.” Appellant further
argues, id., that “there is no disclosure or suggestion in
either Chia or Schellinger of a non-cellular system. There is
no disclosure or suggestion in either Chia or Schellinger of a
radio telephone operative in two radio telephone systems; one
cellular and one non-cellular.” We disagree with Appellant’s
position. To the extent claimed, as we discussed before, Chia
shows two telephone systems, one having macrocells in it and the
other having microcells. Schellinger, however, teaches the use
of a cellular system and a non-cellular system in Figure 2, see
also Figures 5 and 6-2. In our view, an artisan having a
knowledge of the communications involving mobile telephone
systems would have found it obvious to combine Chia with
Schellinger’s teachings of using a cellular and non-cellular
system in the communication systems shown by Chia.
With respect to claim 9, Appellant argues, brief at page
14, that “[h]owever, as noted on page 7, lines 10-12 of Chia,
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