Ex Parte Soininen et al - Page 10

                Appeal 2007-1964                                                                             
                Application 09/940,577                                                                       
                                                                                                            
                                           Independent Claim 35                                              
                      Independent claim 35 also recites limitations commensurate with the                    
                checking limitation noted above with respect to independent claim 1.  We                     
                will therefore not sustain the Examiner’s rejection of independent claim 35                  
                for similar reasons as indicated in connection with claim 1.                                 
                      In addition, independent claim 35 calls for, in pertinent part, (1) at                 
                least two gateway nodes for interfacing the packet radio access system with                  
                external networks, and (2) at least two foreign agents which are associated                  
                with different ones of the at least two gateway nodes.                                       
                      Leung indicates that the disclosed aspects pertaining to HAs apply to                  
                FAs as well (Leung, col. 6, ll. 42-47; col. 8, ll. 36-43; col. 23, ll. 48-53).               
                Our discussion with respect to claims 21 and 22 (pertaining to HAs)                          
                therefore applies equally here.  Apart from reiterating the same position                    
                advanced with respect to claims 1 and 21, the Examiner has pointed to                        
                nothing in Leung that expressly discloses that FAs are necessarily associated                
                with different gateway nodes as claimed.                                                     
                      For at least this additional reason, we will not sustain the Examiner’s                
                rejection of independent claim 35.                                                           












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