Appeal No. 96-1386 Application 08/030,937 control means which provides a first discrete mode of operation which transmits audible messages. Appellants agree that Brown discusses a push-to-talk switch but argues that the teaching does not suggest a microphone or a control means to provide a first discrete mode of operation that transmits audible messages in which the first mode of operation is discrete from the second mode of operation that transmits video information as recited in Appellants' claims. Appellants provide an affidavit in which Daniel P. Brown, the inventor of the Brown patent, states that the Brown patent does not contain a teaching of a microphone to be included with the radio 22. Mr. Brown also states that the push-to-talk switch is triggered electronically and is not triggered by a switch in a microphone as done in the typical communication units. Appellants also provide an affidavit in which Gary Grube states that the Brown patent teaches a way to use a typical and standard two-way FM radio to transmit video data, as versus voice. Mr. Grube states that the Brown patent teaches that the push-to-talk switch is selectively enabled so that the data is ready and available for transmission. In our own careful review of Brown, we find that Brown does 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007