Ex parte GUEDES et al. - Page 11




          Appeal No. 96-0309                                                          
          Application 08/135,370                                                      

          ("This argument [by the appellant that the reference was not                
          enabling] . . . fails to recognize that a prior art reference               
          must be 'considered together with the knowledge of one of                   
          ordinary skill in the pertinent art.'").                                    
               For the reasons stated above, we reverse the rejection of              
          claims 26-41.                                                               


          Questions                                                                   
               We have some questions about the disclosure, claims, and               
          appellants' arguments which should be answered to the examiner              
          before this case is allowed.                                                
               First, figures 2a, 2b, and 2c show the information time                
          slots in each channel contiguous to one another and                         
          simultaneous with time slots in the other channel.  This                    
          appears to be misdescriptive since, in our understanding, the               
          channels are used in an alternating manner (specification,                  
          page 4, lines 15-17).  The described structure seems to                     
          operate like Kamio, figure 1, which uses a switch to                        
          consecutively switch between different frequency channels; if               
          this is not the case, appellants should explain how their                   
          system operates differently.  Thus, it would seem like figure               

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