Appeal No. 95-4897
Application 08/242,806
of the invention to provide a control station which can always
monitor a control channel without any interruption of
monitoring the control channel. Murata teaches in column 5,
lines 13-24, that one connecting equipment unit always
monitors the control channel in each radio connecting section
in the radio communication network system illustrated in
Figure 1. In addition, upon a review of Kavehrad, we fail to
find any teaching or suggestion to allow the control channel
to not be monitored.
Furthermore, we fail to find any reason to modify Murata
to obtain Appellants' claimed invention. The Federal Circuit
states that "[t]he mere fact that the prior art may be
modified in the manner suggested by the Examiner does not make
the modification obvious unless the prior art suggested the
desirability of the modification." In re Fritch, 972 F.2d
1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984). Furthermore, rejecting patents solely
by finding prior art corollaries for the claimed elements
would permit an examiner to use the claimed invention itself
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