Ex parte OTTEN - Page 5




          Appeal No. 2000-0972                                                        
          Application No. 08/679,848                                                  


          8, respectively, to any mobile units that might be in the area              
          (page 130, column 1).  According to Klandrud (page 130, column              
          2), “[t]he beacons 5, 6 are located far enough away from the                
          RA site so that they do not cause interference with the RA                  
          receiver.”  If a mobile unit does not receive a warning beacon              
          message, then the user of the mobile unit assumes that                      
          transmission from the mobile unit will not interfere with the               
          sensitive receiver RA (page 130, column 2).  On the other                   
          hand, “[i]f a mobile unit 2 can receive a beacon transmission               
          7 or 8, then the mobile unit must decide if it is acceptable                
          to transmit” (page 130, column 2).                                          
               Based upon the statement in Klandrud (page 130, column 1)              
          that “[a]ny or all of the concepts described herein can be                  
          used to protect a receiver (stationary or mobile) from                      
          interfering units (mobile or stationary),” the examiner                     
          reaches the conclusion (answer, page 4) that Klandrud is “not               
          specific to a radio astronomy service,” and that “Klandrud et               
          al[.] does indeed suggests that other communications systems                
          can be implemented using the same concept of radio frequency                
          interference reduction.”                                                    
               We agree with the examiner’s inference that both Klandrud              
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