Ex Parte Malcolm - Page 10


               Appeal 2007-1630                                                                            
               Application 10/422,661                                                                      
               entering a nap mode until said nap     We find that searching is halted until               
               termination condition is met, during   the “next control time,” (col. 11, ll.               
               said nap mode a state of lower power   53-59) resulting in reduced power                    
               consumption being achieved             consumption (See also col. 11, ll. 27-               
               including defeating searching for      62).                                                 
               said network signal.                                                                        

                      Because we find Pombo discloses all that is claimed, we conclude the                 
               Examiner has met the burden of presenting a prima facie case of anticipation                
               and that Appellant has failed to show error in the Examiner’s prima facie                   
               case.  Accordingly, we will sustain the Examiner’s rejection of                             
               representative claim 1 as being anticipated by Pombo.                                       
                      Pursuant to 37 C.F.R. § 41.37(c)(1)(vii), we have decided the appeal                 
               with respect to the remaining claims in this group on the basis of the selected             
               claim alone.  Therefore, we will sustain the Examiner’s rejection of claims                 
               2-3, 7-9, and 13-15 as being anticipated by Pombo for the same reasons                      
               discussed supra with respect to representative claim 1.                                     

                                      Claims 4, 5, 10, 11, 16, and 17                                      
                      We note that Appellant has presented no arguments directed to the                    
               combinability of Pombo and Croft with each other.  Accordingly, Appellant                   
               has waived any such arguments, and the combinability of the references will                 
               not be addressed here.                                                                      
                      Appellant argues that Croft does not overcome the deficiencies of                    
               Pombo, in that Croft is silent with respect to the handling of transient or                 
               intermittent signals, as claimed (App. Br. 8).                                              



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