Ex parte DENT - Page 2







                   Appeal No. 1999-1516                                                                                                                             
                   Application 08/263,835                                                                                                                           



                            wherein the satellite in geostationary orbit provides radio communication service to                                                    
                   at least one of the subscriber terminals during a period that said subscriber terminal                                                           
                   cannot access the at least one satellite in non-geostationary orbit.                                                                             

                            The following references are relied on by the examiner:                                                                                 
                   Grant et al. (Grant)                            5,119,225                              June  2, 1992                                             
                   Weinberg                                        5,589,834                              Dec. 31, 1996                                             
                                                                                      (filing date Apr. 22, 1994)                                                   
                   Rouffet et al. (Rouffet)                        5,625,867                              Apr. 29, 1997                                             
                                                                                      (filing date Sept. 30, 1992)                                                  
                   Ballard, "Rosette Constellations of Earth Satellites," IEEE Transactions on Aerospace and                                                        
                   Electronic Systems, Vol. AES-16, No. 5, pp. 656-673  (Sept. 1980).                                                                               
                            Claims 1-8, 15 and 16 stand rejected under 35 U.S.C. §103.  As evidence of                                                              
                   obviousness, the examiner relies upon Rouffet in view Grant as to claim 16.  To this                                                             
                   combination the examiner adds Weinberg as to claims 1-3, 5, 6 and 15, with the further                                                           
                   addition of Ballard as to claims 4, 7 and 8.1                                                                                                    
                            Rather than repeat the positions of the appellant and the examiner, reference is                                                        
                   made to the brief and the answer for the details thereof.                                                                                        



                            1The examiner’s concerns raised under 37 CFR §1.75(c) as to claim 5 are                                                                 
                   petitionable and not appealable.                                                                                                                 
                                                                                 2                                                                                  





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