Ex Parte BYRNE - Page 7




          Appeal No. 2000-2254                                                        
          Application No. 08/746,746                                                  


          With respect to claim 1, appellant argues that                              
          Schellinger discloses only a single cellular transceiver while              
          Gillig does not disclose a monitoring means for selecting and re-           
          selecting different ones of the transceivers.  Thus appellant               
          argues that neither Schellinger nor Gillig teaches a telephone              
          having the claimed monitoring means and the selection means.                
          Appellant also argues that Schellinger teaches away from using              
          two different transceivers as claimed [brief, pages 4-7].                   
          The examiner responds that it would have been obvious to                    
          the artisan to replace the single transceiver of Schellinger with           
          two separate transceivers as taught by Gillig.  The examiner also           
          responds that the claimed automatic selecting and re-selecting is           
          met by the collective teachings of Schellinger and Gillig                   
          [answer, pages 12-14].  Appellant responds that Schellinger                 
          discloses only a single communication means so that there can be            
          no selection between communication means and Gillig does not                
          teach re-selecting between communication means [reply brief,                
          pages 1-2].                                                                 
          We will sustain the examiner’s rejection of claim 1.                        
          Schellinger teaches the desirability of operating a                         
          radiotelephone in both a cordless telephone system and a cellular           
          telephone system.  Schellinger’s radio telephone, however,                  

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