Ex Parte LEONOWICH et al - Page 5




              Appeal No. 2002-1217                                                                                        
              Application No. 09/006,808                                                                                  


                     With respect to independent claim 7, the examiner and appellants set forth the                       
              same rationales.  Since claim 7 contains similar limitations as independent claim 1                         
              which are not taught by the AAPA, we will not sustain the rejection of claim 7 and its                      
              dependent claims 8-10.                                                                                      
                     With respect to independent claim 11, the examiner and appellants set forth                          
              similar rationales, but the claim language does not recite activation of the receiver.                      
              Appellants argue that independent claim 11 includes an additional limitation of “detection                  
              circuitry . . .”  (See brief at pages 6-7.)   Appellants argue that “it is possible for the                 
              detection circuitry to activate one of the receiver sections.  In this way, the appropriate                 
              receiver section is activated to process the data signal.”  (See brief at page 7.)  We find                 
              no support in the language of independent claim 11 for this argument since no activation                    
              is recited.  Therefore, this argument is not persuasive.   Since claim 11 does not contain                  
              the same limitation we found lacking above, and appellants have not shown error in the                      
              examiner’s rejection, we will sustain the rejection of independent claim 11.                                
                     With respect to dependent claim 12, the examiner and appellants set forth the                        
              same rationales.  Since claim 12 contains similar limitations as independent claim 1 with                   
              respect to the activation of the receiver which are not taught by the AAPA, we will not                     
              sustain the rejection of claim 12.                                                                          
                     With respect to independent claim 13, the examiner and appellants set forth the                      
              same rationales.  Since claim 13 contains similar limitations as independent claim 1                        
              which are not taught by the AAPA, we will not sustain the rejection of claim 13.                            
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