Appeal No. 1999-2028
Application No. 08/769,036
has been adopted as a national standard by the cellular
industry." In light of these admissions, it would have been
obvious to the skilled artisan to modify the handset of
Braitberg to accommodate CDPD type packet data signals to
conform with the national standard for such data transmission.
The level of the skilled artisan should not be underestimated.
See In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed.
Cir. 1985). Accordingly, we will affirm the rejection of
claim 67, and of the claims grouped therewith, claims 76
through 82, 88, 90, and 92.
As to the second group of claims, appellants argue
(Brief, page 12) that Braitberg fails to show the analog
cellular signal circuitry and the CDPD signal circuitry
operatively coupled to a single, common radio frequency
transceiver, as recited in claim 68. However, as indicated
above, Braitberg discloses (column 12, lines 58-61) that RF
signals are received by the telephone via an RF air-link and
telephone 10 discriminates between voice and data information.
In other words, both types of signals are received by the same
RF air-link. Further, Braitberg discloses (column 11, lines
20-35) that the invention allows the cellular phone "to
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007