Ex parte SIMMONS - Page 5




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

                    2. None of the references teaches broadcasting a reply            
          signal that includes the serial number of the receiving RF modem            
                    3. None of the references teaches having a switch that            
          has a plurality of positions representing a plurality of ID                 
          numbers.                                                                    
                    With regard to the first argument, Appellant contends             
          [principal brief, page 5], pointing to column 5, lines 13-19 of             
          Rubin, that the identifier code indicated by the legend ID in               
          Rubin does not represent the sending transceiver but, rather the            
          identifier represents the user's preassigned identification                 
          number.                                                                     
                    While Rubin clearly does provide for a preassigned                
          identification number for the user, appellant appears to have               
          misinterpreted the language of Rubin at column 5, lines 6-10.  We           
          can agree with appellant that the language "ID of the sender," at           
          column 7, line 12 of Rubin, in a vacuum, is not clear.  Such                
          language could refer to the ID of a user or to the ID of a                  
          sending, i.e., transmitting, unit.  However, at column 5, lines             
          6-10, Rubin states:                                                         
                    The addition of an identifier code for                            
                    the intended recipient of the message to                          
                    be sent is indicated by legend TO.  The                           
                    addition of an identifier of the                                  
                    transceiver 20 sending the message is                             
                    also indicated by legend ID,                                      

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