Ex parte KAY - Page 4




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



                   time.  Figure 6 illustrates a reverse allocation request, that is, a request from a mobile station to allocate                                 

                   a channel to the mobile station.  The reverse allocation request is transmitted in the third subslot of slot                                   

                   2, the fourth subslot of slot 4 and the second subslot of slot 5.  In Figure 6 the request is transmitted at                                   

                   three different times, in three different slots, and on three different frequencies.                                                           

                                                         The Rejection under 35 U.S.C. §103                                                                       
                                                                         Claims 5-10                                                                              

                            After consideration of the positions and arguments presented by both the examiner and the                                             

                   appellant, we will sustain the rejection of claims 5, 6 and 10 but will not sustain the rejection of claims                                    

                   7-9.  With respect to the rejection of claims 5, 6 and 10, we agree in general with the comments made                                          

                   by the examiner; we add the following discussion for emphasis.                                                                                 

                            At page 5 of the reply brief, appellant contends that there is no suggestion in the references,                                       

                   Lee and French, that they are combinable and urges that “…the environments in which they operate                                               

                   and the solutions that they teach are very different.”  Appellant urges that “…the Examiner has made no                                        

                   showing that it would be obvious to combine them.”                                                                                             

                            Contrary to appellant’s position, the examiner has stated to the effect that the suggestion to                                        

                   combine the teachings of Lee and French, each of which relates to radio transmission in mobile phone                                           

                   environments, stems from the fact that the teachings of the references are to protect and preserve radio                                       

                   telephone messages.  We agree with the examiner’s position.  Protection and preservation of the                                                


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