Ex Parte Malcolm - Page 7


               Appeal 2007-1630                                                                            
               Application 10/422,661                                                                      
               defeating searching for said network signal [emphasis added].”  (Claim 1).                  
               After carefully examining the record before us, we find Appellant                           
               acknowledges in the Brief that Pombo’s “no control activity” process will                   
               result in a state of lower power consumption and will defeat searching for                  
               the calculated time interval, as follows:                                                   
                      There is no mention of entering “sleep mode” during this                             
                      period, only of delaying the next search until the next search                       
                      time, which would save some battery power, but not as much as                        
                      going into “sleep mode.”                                                             
               (App. Br. 5, ¶1).                                                                           
                      In particular, we note that a particular degree or amount of battery                 
               power saving is not claimed.  Thus, we find the portion of Pombo, at column                 
               11, lines 27-62, discloses calculating a nap termination condition upon each                
               detection of network signal loss (i.e., a determination is made that no control             
               channel was detected, col. 11, l. 29), and entering a nap mode (i.e., a battery             
               saving mode) until the nap termination condition is met, as required by the                 
               language of representative claim 1.  Thus, while we agree with Appellant                    
               that Pombo’s sleep mode, as shown in block 614 of Fig. 6, is not entered                    
               into upon each detection of network signal loss, we nevertheless find that                  
               Pombo also discloses a “no control activity” process (col. 11, l. 41) which                 
               results in a period of reduced power consumption and suspended searching,                   
               that is entered upon each detection of network signal loss (See Pombo, col.                 
               11, ll. 41-45).                                                                             
                      Regarding Appellant’s fourth argument (i.e., that Pombo does not                     
               disclose the length of time of finding a signal and the length of time of                   



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