Ex Parte MECHE - Page 2



           Appeal No. 2002-2000                                                                   
           Application No. 08/933,911                                                             

                 if yes, determining if said telephone number is stored in a                      
           Visitor Location Register of the serving system; and                                   
                 if yes, paging the mobile station in the serving system.                         
                 The following references are relied on by the examiner:                          
           Reininghaus            5,898,922                    Apr.  27, 1999                     
                                        (§ 102(e) date Nov. 19, 1996                              
                                        and PCT Pub. Date Nov. 30, 1995)                          
           Lee                    WO 96/20574                  Jul.   4, 1996                     
           (PCT Patent Application)                                                               
                 Claims 1-12 stand rejected under 35 U.S.C. § 103.  As evidence                   
           of obviousness, the examiner relies upon Lee in view of                                
           Reininghaus.                                                                           
                 Rather than repeat the positions of the appellant and the                        
           examiner, reference is made to the brief and reply brief for                           
           appellant’s positions and to the final rejection and answer for the                    
           examiner’s positions.                                                                  
                                              OPINION                                             
                 We reverse the examiner’s stated rejection and institute a new                   
           rejection under the provisions of 37 CFR § 1.196(b).                                   
                 There appears to be no dispute between appellant and the                         
           examiner with respect to the teachings in Lee.  On the other hand,                     
           as appellant points out generally in the brief and reply brief, the                    
           examiner’s position with respect to Reininghaus according to the                       
           rejection set forth in the final rejection focuses upon a Mobile                       

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