Ex parte SIMMONS - Page 4




          Appeal No. 97-1384                                                          
          Application 08/068,357                                                      

          claims 11, 12 and 15 will stand or fall with independent claim 9.           
          Thus, we will consider only independent claims 1 and 9.                     
                    The examiner's position, in a nutshell, is stated at              
          page 2 of the supplemental answer [Paper No. 18]:                           
                    Nelson teaches a radio data link or a                             
                    plurality of RF modems having means for                           
                    producing the command signals and logic                           
                    means for producing a reply signal.                               
                    Caswell teaches a system wherein each of                          
                    the RF modems comprises a predetermined                           
                    serial number for properly tracking                               
                    information during data exchanges and                             
                    Rubin teaches a received message having                           
                    IDs of the transceiver and the intended                           
                    receiver.  Therefore, the Nelson modem                            
                    system modified by Caswell and Rubin                              
                    would have provided at [sic] the claimed                          
                    subject mater [sic, matter] which [sic,                           
                    in which] a modem system for                                      
                    broadcasting a replay [sic, reply]                                
                    signal that [sic] includes the serial                             
                    number of the receiving modem.                                    
                    Appellant does not contradict the examiner's                      
          application of Nelson.  Therefore, the teaching by Nelson of "a             
          radio data link or a plurality of RF modems having means for                
          producing the command signals and logic means for producing a               
          reply signal" is not in dispute.                                            
                    Rather, appellant makes three arguments:                          
                    1. Rubin does not teach broadcasting the serial number            
          of the transmitting RF modem.                                               



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