Ex Parte BYRNE - Page 12




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


          We will sustain the examiner’s rejection of claim 12.                       
          The combination of Schellinger and Gillig teaches switching                 
          between a cellular telephone system and a cordless telephone                
          system for reasons discussed above.  Alvesalo teaches that GSM is           
          a conventional cellular telephone system in Europe, and DECT is a           
          conventional cordless telephone system in Europe.  We agree with            
          the examiner that it would have been obvious to select between a            
          GSM system and a DECT system so that the system could be used in            
          Europe.                                                                     
          We now consider the rejection of claims 7 and 10 based on                   
          the teachings of Schellinger, Gillig and D’Amico.  The examiner             
          cites D’Amico as teaching that it was known to use a lower bit              
          error rate or frame error rate for selecting the best signal and            
          to monitor for signals during a period of nominal TDMA inactivity           
          of a selected one of the telephone systems [answer, pages 7-8].             
          Appellant simply argues that there is no disclosure in the                  
          applied prior art of the features recited in claims 7 and 10                
          [brief, page 8-9].  The examiner reiterates that D’Amico teaches            
          the claimed features [answer, pages 16-17].                                 
          We will sustain the examiner’s rejection of claims 7 and                    
          10.  D’Amico teaches that it was broadly known to select signals            
          based on a bit error rate or a frame error rate and to monitor              

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