Ex parte BOSSARD et al. - Page 4




             Appeal No. 1999-2694                                                                                     
             Application No. 08/684,651                                                                               




             communications between the faded station and the distant point to be routed over the                     
             communication link for two-way transmission between the non-faded station of the pair and                
             the distant point along with the normal associated two-way transmissions between the non-                
             faded station and the distant point.                                                                     
                    The examiner concludes that it would have been obvious to combine Lux with                        
             Langseth in order to provide a continuous transmission.                                                  
                    For their part, appellants contend that the transmit “channels” referred to by Lux are            
             not the same “channels” to which the instant claimed invention is directed.  It is appellants’           
             position that Lux’s “channels” refer to paths and that this is inconsistent with a “channel”             
             referring to a band of frequencies of sufficient width for a single radio or television                  
             communication which is the meaning appellants ascribe to the instant invention .                         
                    The examiner does not dispute appellants’ definitions and application of these                    
             different meanings to the reference and to the instant invention.  The examiner merely                   
             argues that the broad recitation of “multi-channel operation” by claims 1 and 10 “fails                  
             to give any specific definition of the word ‘channel’.”  The examiner concludes that                     
             as “broadly as the word ‘channel’ is used in claim 1, Lux clearly reads on it” [answer-page              
             10].                                                                                                     




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