Ex parte LUBIN et al. - Page 2




          Appeal No. 1999-2028                                                        
          Application No. 08/769,036                                                  


               Appellants' invention relates to a telephone handset that              
          includes circuitry that transceives both analog cellular                    
          signals and also cellular digital packet data (CDPD) signals.               
          Claim 67 is illustrative of the claimed invention, and it                   
          reads as follows:                                                           
               67. A telephone handset that communicates with analog                  
          cellular signals and with cellular digital packet data (CDPD)               
          signals over frequency channels, comprising:                                
               analog cellular signal circuitry that transceives analog               
          cellular signals;                                                           
               CDPD signal circuitry that transceives CDPD signals; and               
               a control processor, coupled to the discriminating                     
          circuit, that controls the analog cellular signal circuitry                 
          and the CDPD signal circuitry such that the CDPD signals are                
          transceived over the same frequency channels as the analog                  
          cellular signals.                                                           
               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Braitberg et al. (Braitberg)            5,479,479           Dec.            
          26, 1995                                                                    
               Claims 67 through 69, 71, 73 through 84, 87 through 93,                
          and 95 stand rejected under 35 U.S.C. § 103 as being                        
          unpatentable over Braitberg.                                                
               Reference is made to the Examiner's Answer (Paper No. 51,              
          mailed April 14, 1998) for the examiner's complete reasoning                
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