Ex parte KAY - Page 2




                   Appeal No. 95-3346                                                                                                                             
                   Application 07/953,320                                                                                                                         



                            5.  A method for transmitting messages on any of a predetermined plurality of different carrier                                       
                   frequencies comprising:                                                                                                                        

                            transmitting a particular message from one station to another station at a first power level, at a                                    
                   first time and on a first carrier frequency; and                                                                                               

                            transmitting the particular message at a second different power level, at a second different time                                     
                   and on a second different carrier frequency.                                                                                                   

                            12.  In a radio telephony system having a plurality of transmitting stations for transmitting                                         
                   information packets to other stations, wherein each information packet is transmitted in one of a                                              
                   plurality of carrier frequency channel slots and wherein some of the slots carry control messages                                              
                   independently of the information packets for controlling the transmission of the information packets                                           
                   between stations, a method for transmitting the control messages comprising:                                                                   

                            transmitting a particular control message independently of any information packet from one                                            
                   station to another station in a first slot at a first time and a first carrier frequency the particular control                                
                   message relating to a particular information packet; and                                                                                       

                            transmitting the particular control message independently of any information packet in a second                                       
                   slot at a second different time and a second different carrier frequency; and                                                                  

                            transmitting the particular information packet in a third slot.                                                                       

                            The references relied upon by the examiner as evidence of obviousness are:                                                            

                   French                                         4,232,392                    Nov. 04, 1980                                                      
                   Lee                                                      4,616,364                             Oct.  07, 1986                                  
                   McRae et al. (McRae)                           4,639,937                             Jan.  27, 1987                                            
                   Nazarenko et al. (Nazarenko)                             4,835,731                             May 30, 1989                                    

                           The appealed claims stand rejected as follows:                                                                                        

                            Claims 5-10 are rejected under 35 U.S.C. § 103 as unpatentable over Lee in view of French.                                            


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