Ex Parte BORLAND - Page 5




          Appeal No. 2002-2045                                                        
          Application No. 08/874,005                                                  


          to be fully met by the disclosure of Heidari [answer, pages 3-4].           
          Appellant argues that Heidari teaches the use of cellular-phone             
          compression protocols rather than the use of a digitized cordless           
          communications compression scheme as claimed.  Specifically,                
          appellant argues that the CDMA/TDMA protocols used in cellular              
          phones are not cordless communication compression schemes as                
          claimed [brief, pages 9-10].  The examiner responds that the                
          Heidari processor can be used for other types of phones and the             
          compression technique is the same regardless of whether the phone           
          is cordless or cellular.  The examiner notes Horimoto and asserts           
          that it would have been obvious to use the Heidari processor in             
          cordless communication [answer, page 7].  Appellant responds that           
          the examiner has improperly relied on teachings from Horimoto to            
          support the anticipation rejection based on Heidari.  Appellant             
          also argues that there is no disclosure that cellular-phone                 
          compression schemes can be employed in cordless communications              
          [reply brief].                                                              
          We will not sustain the examiner’s rejection of claims 1,                   
          2, 5, 6 (and 13) as anticipated by Heidari for essentially the              
          reasons argued by appellant in the briefs.  The examiner has                
          failed to respond to appellant’s argument that the cellular-phone           
          compression schemes of Heidari are not a digitized cordless                 

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