Ex Parte Kingsley et al - Page 9



         Appeal No.  2004-1822                                                      
         Application No. 09/550,863                                                 
         have individual communication links as well.  The examiner                 
         focuses mainly on Snapp’s conceptual teachings of simultaneous             
         testing/connection, multiple cellular phones and a connection              
         between both phones.  See pages 7-9 of the office action of Paper          
         No. 10.  Also, on page 6 of the answer, the examiner states that           
         Snapp discloses a remote cellular test set that can connect to             
         multiple cellular phones that are coupled together via loop                
         access, and refers to figure 2, item 230 of Snapp.  The examiner           
         then states that it would have been obvious to have utilized two           
         wireless telephones as means to test wall-to-wall phones at once           
         which increases efficiency of the tester.  Answer, page 7.  We             
         agree.  We believe that testing of one phone or multiple phones            
         would have been obvious as explained by the examiner.                      
              Appellants argue this rejection on pages 32-35 of the brief           
         and pages 12-13 o the reply brief.  Appellants emphasize the               
         import of a wireless phone.  Fujiwara uses a radio phone which is          
         a wireless phone.  Hence, we are not convinced by such argument.           
              Claim 13 is directed to attenuation, and as discussed supra,          
         Fujiwara teaches attenuation.                                              
              In view of the above, we affirm the rejection of claims 12            
         and 13.                                                                    
         V.  Conclusion                                                             
              We reverse the rejection of claims 1-13 under 35 U.S.C.               
         §112, second paragraph.                                                    
              We reverse the rejection of claims 1-3, but we affirm the             
         rejection of claims 8-10, under 35 U.S.C. §103, as being                   
         unpatentable over DeJaco in view of Fujiwara, and Hardy, Larkin            
         and Hendershot.                                                            
              We reverse the rejection of claim 4, but we affirm the                
         rejection of claim 11, under 35 U.S.C. §103 as being unpatentable          
         over DeJaco and Fujiwara and further in view of Sears.                     
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